Freedom of the Press

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FINAL WORD ON
FREEDOM OF PRESS
S
RIGHT OF ACCESS
S This right is generally granted, but not always
S Freedom of Information Act (1966)---Allows public access to all
non-classified gov’t files; signed by Pres. Johnson with misgivings
(Pushed by California Congressmen John Moss)
S Electronic Freedom of Information Act (1996)---Requires agencies to
put files online
Executive Privilege
S President’s have right to withhold information
S Exception: U.S. v. Nixon (1974)---President’s generally have
the right, except in criminal cases
(Supreme Court ruled that President’s tapes must be turned
over after the grand jury indictment against 7 Nixon aides,
and president must obey subpoena for administration of
justice)
Shield Laws
S Protect reporters from having to reveal their sources
S Claim by Press: Without shield laws, sources “dry up” and
would be unable to provide valuable information to public
S Laws passed by the states, but not at the federal level
(through Congress); all 49 states have varying laws in place
(ONLY EXCEPTION: WYOMING)
Defamation (injury of
reputation)
S Libel: defamation by written or printed words, pictures, or
in any form other than by spoken words or gestures.
S Slander: a malicious, false, and defamatory statement or
report—verbal
S Not protected by 1st Amendment
S To win lawsuit, one must prove allegation’s were false,
malicious, and damaged one’s reputation (difficult)
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