The First Amendment Continued . . .

“Congress shall make no law . . . Abridging . . . Freedom . . . of the press” Press = Media (Newspapers, T.V., Magazines, Websites, etc.)

Why is Freedom of the Press important? It allows us to keep better tabs on our Government Allows us to stay current on the important issues of our time Journalists do the work that we are too busy to do Staying educated as active citizens

People v. Croswell In 1804 the Supreme Court heard a case involving a dispute between two different newpapers Both newspapers were controlled by different political parties Croswell wrote for the “Balance” (Pro John Adams, and the Federalist Party) Callender wrote for the “Bee” (Pro Thomas Jefferson and the Democratic-Republican Party)

People v. Croswell continued The question of the case was whether or not to sentence Croswell to jail for saying bad things about President Jefferson Alexander Hamilton defended Croswell in court and claimed that “truth in the press” prevents newspapers from being punished Lying in the press is called “Libel” and is illegal

People v. Croswell concluded Ultimately the court split in its vote A tie meant the original conviction stood However Croswell was never sentenced (nothing happened to him) Hamilton’s argument was that someone accused of libel in court has the right to prove that the things they said are true Probably the reason why celebrities don’t take tabloid magazines to court

New York Times v. Sullivan During the Civil Rights Movement The New York Times wrote an article saying that the city of Montgomery Alabama had MLK Jr. arrested on a false charge The city did this in order to stop “integration” in Alabama Montgomery city commissioner filed a lawsuit against the NY Times claiming that by saying these things they had damaged him personally

NY Times v. Sullivan continued . . . Supreme Court ruled unanimously for the NY Times Citing that statements in the Press (even false ones) are protected by the 1st amendment as long as they are not made to intentionally ruin somebody’s life

Hustler v. Falwell Larry Flint (CEO of Hustler Inc.) printed a political cartoon that suggested that . . . .. Jerry Falwell T.V. minister, author, and critic of Hustler had an incestuous relationship with his mother in an outhouse (not really, just in the cartoon) Falwell filed suit against Hustler Magazine

Hustler v. Falwell continued . . . The Supreme Court decision was unanimous in favor of Hustler Ruling that Political Parodies (even offensive ones) are protected by the 1st amendment

NY Times v. United States The New York Times wanted to publish a report on The United States Governments involvement in the Vietnam War President Richard Nixon tried to stop the Times from publishing the article using “Executive Power” This was known as “The Pentagon Papers” case

NY Times v. United States The Court ruled that President Nixon was wrong and decided in favor of the NY Times . . . . “The Pentagon Papers” were then published The Decision of the court ruled that the word “security” cannot be used to violate the first amendment as long as . . . . The safety of American Military Forces will not be put in danger in any way.