Freedom of the Press

Journalism Principles and Practices

Journalism’s existence based on First Amendment

What does it say? - Six clauses:● Establishment● Practice● Speech ● Press ● Assembly● Petition

However...

● Does it mean what it says? ● Why the exceptions? How did it get

to where it is today?

Origins...

Begins with tussle between freedom and oppression, and also technology and oppression...● People not born with rights● Magna Carta 1215● Petition of Right, 1628, cited Magna Carta as

precedent

Origins, continued...

● Point: The idea that once written and accepted, stays valid

● Idea that individuals have rights...not something that previously existed

● Would be important in American Revolution● Illustrates power of print

Invention of printing press really brought to forefront...

● Gutenberg, Columbus● British rulers took overy seriously● Why so afraid of printing press?

Three reasons...

Three reasons...

■ Made people aware of different conditions

■ Spread dangerous ideas■ Standardized language and

increased literacy

In retaliation...

● Star Chamber, 1538 -- licensing and approval by king’s official, death or torture otherwise

● 20 years later, death to those who read “wicked or seditious” work and failed to report

What happened to licensing?

Licensing ended in England it 1694, but stayed in colonies...● Benjamin Harris, Publick Occurrences. No license from

gov. of Mass. Wrote about King of Spain sleeping with son’s wife

● 1721, James Franklin, New England Courant. Jailed but continued to publish. Broke back of licensing

But punishment after the fact replaced licensing

1734 Zenger● Truth made it worse● Acquitted - jury nullification● Established another thing take for

granted today -- truth is a defense against libel

Sedition would reappear...

More on that later

Colonists agitated for rights

● Representation for determining taxation, individual freedoms.

● Seized on idea that came from British philosophers, which could not have happened without printing press: PEOPLE ARE BORN WITH RIGHTS

Drew on these ideas...

● Milton - Areopagitica: “Let her [truth] and falsehood grapple...whoever knew truth to be put to the worse in a free and open encounter?”

● John Locke -- rejected divine right and advocated “liberal” government -- meaning liberated from the church

Jefferson was a fan of these ideas..

● “We hold these truths to be self-evident, that all men are created equal and endowed by their creator with certain inalienable rights, that among these are life, liberty, and the pursuit of happiness...

● “That to secure these rights, government and instituted among men, deriving their just powers from the consent of the governed.”

That did not sit well with Britain...

● Penalty for treason: Death by torture● Signers of Declaration faced

enormous risks for rights they wanted

Revolutionary War, 1775-1781, and aftermath...

● Continental Congress governed during war and later under Articles of Confederation

● Articles of Confederation established in 1781, agreement among 13 original states, lasted til Constitution took effect in 1789

Problems with articles

● Could not impose tax● Could not enter into treaty● Could not make common currency● Could not impose tax

Constitutional Convention met in 1787 todraft new plan...

● Established 3-part government● Largely written by Madison● Had to be ratified

Federalists and Anti-Federalists

● Federalist Papers -- 85 essays by Hamilton, Madison, and John Jay urging voters in NY to ratify.

● Afti-Federalists, like Jefferson, hated strong government

● Washington added Bill of Rights to appease anti-Federalists

Bill of Rights..

● 10 Amendments● Some states would only ratify if

added

But First Amendment toothless...

● 1998: Alien and Sedition Act. Tensions with France, made it crime to criticize president

● 1862: Lincoln jailed 2 anti-war editors● 1917: Espionage Act, 1918 Sedition

Act

Why?

● Part of problem was that it appeared only to apply to federal government -- “Congress shall make no law”

● But 14th Amendment -- 1868 - linked due process to several amendments, including first, search and seizure (4th), double jeopardy (5th), right to counsel (6th), and cruel and unusual punishment (8th)

But still had same basic problem:

You can’t have totally free speech...● Holmes: Clear and present danger in

Schenck v. United States, (1919), ● Holmes: Not following, punishing ideas, in

Abrams v. United States, (1919)● Thus, drew categories of protected and

unprotected speech.

Protected and unprotected...

● Weapon...yelling “Boo!”● Brandenburg v. Ohio, 395 U.S. 444

(1969), broadened protections imminent, lawless, likely

● Times v. Sullivan, 1964, expanded rights of press to be wrong

General Trend...

More leniency to advocacy and expression

Moral...

● Go to great lengths to protect speech● Live with inconvenience because

these rights were so hard to attain