Freedom of Expression: Freedom of the Press Essential Questions: How have the courts defined citizens rights over time?

Freedom of the Press The First Amendment also guarantees freedom of the press which protects newspapers, magazines, books, radio, television, and films are all free from government censorship. The Constitution includes this protection to make sure that the government remains a government of the people – an informed people. The press keeps the government open to public scrutiny and criticism, holding them to a higher level of accountability. This helps to prevent government corruption. (Think Social Contract Theory!) Generally, the courts have protected this right when it has been challenged in court.

Court’s Interpretation of the Right The courts have limited the press when it comes to protecting an individual’s right to reasonable privacy. In recent years, the press has become increasingly aggressive when it comes to the types of stories, as well as the information included in those stories, about individual citizens. Courts have decided that at times the government has the power to keep the press from publishing certain information, to limit access to information by the press, and to force the press to disclose certain information to officials. Also, reporters who have information about criminal activity, are not protected by the Fifth Amendment’s right to remain silent.

Court’s Interpretation, cont’d Prior Restraint - occurs when the government tells the media they cannot publish certain information. This is only allowed in the following situations: ◦The publication of the information would cause serious and irreparable harm ◦There are other ways to give the information to the public that would cause less harm ◦The prior restraint would be effective in avoiding the harm Courts have overturned laws that prevent the public from attending/learning information on trials (both criminal and civil) which can make it difficult for courts to find jurors who are do not already have some knowledge of a case. Juveniles charged with crimes do NOT have the right to a public trial.

Press Reports on Government Activity Courts have decided that at times the government has the power to keep the press from publishing certain information, to limit access to information by the press, and to force the press to disclose certain information to officials. Courts have generally agreed that it is important for the press to have access to stories about government operations so that they can make those public.

Press Reports on Government Activity In an effort to increase the press’ access to governmental info Congress passed the Freedom of Information Act in It allows: ◦Private citizens, as well as the media, to request information from any government agency ◦The agency has to deliver that information within a certain amount of time ◦Obviously, information dealing with things like national defense, personnel files, trade secrets, investigations, etc. are not including as public information under FOIA. Often times the press gets information from “confidential” sources that would not divulge that information unless they knew they would be protected and their names never revealed. Some states have passed “shield” laws that protect the media from being forced to disclose the names of their sources; however, some courts can force the media to give a name.