Chapter 38
Freedom of
the Press
Censorship defined:
1. The denial of freedom of speech or
freedom of the press
2. The process of examining publications or
films for material that the government
considers harmful or objectionable
Freedom of the Press
• 1966: US Supreme Ct said that “justice
cannot survive behind walls of silence”
• Broad freedoms granted to press are
necessary to the establishment of a strong,
independent press
• The press is sometimes called the “Fourth
Branch of the Government”
• Freedom sometimes clashes with right to
fair trial or right to privacy (gag orders)
Prohibiting Publication
• Conflict between 2 important rights:
Free Press & Fair Trial
• What steps can be taken instead of Gag
Orders?
– Postponing trial till later date, moving trial to
another county, questioning potential jurors,
careful instructions to the jury about weighing
evidence
Prior Restraint
•
•
Defined: any effort to censor a publication
before it goes to press
Attempts to censor publications before
they go to press are presumed
unconstitutional EXCEPT:
1. Publication would cause certain, serious &
irreparable harm
2. No lesser means would prevent the harm
3. The prior restraint would be effective in
avoiding the harm
Denying the Press
Access to Information
• Denial of public access to certain
information
• Arguments:
– Pro: denying access to information does NOT
violate the rights of the press
– Con: freedom of the press implies a right to
obtain information
FOIA
• Freedom of Information Act (FOIA) of
1966: Law requires federal agencies to
release information in their files to the
public
• Applies to Federal Government ONLY
• Exceptions: Information affecting national
defense or foreign policy, personnel and
medical files, trade secrets, investigatory
records and other confidential information
FOIA Purpose
• To allow citizens to learn about the business
of government
• Federal agencies must respond within 20
days
• Agencies that refuse to release unpriveleged
information may be sued in Federal Court
• Time of War issues: Real time reporting
versus divulging document information
Requiring the Press
to Disclose Information
• Government & Press sometimes disagree
over the extent to which the 1st Amendment
protects a reporter’s sources of information
• Confidential Informants: If people thought
they would be identified then they might be
less likely to give journalists this information
• Shield Laws: passed in some states that give
journalists the PRIVELEGE to without
source information