GOVT 2301
The Freedom of the Press
and the Media
In this section we explore the press
and the influence that the media
(however organized at any moment in
time) has on the general public and
the governing process. This will include
a look at the constitutional issues
associated with what limits may be
placed on the press, and how it is
regulated, or not regulated, by
government.
This is the second of the three
sections which outline the nature
of the external, political pressures
imposed on the governing
institutions.
As you should recall from the
previous section, the right to speak
freely, engage in press activities
and organize are all established in
the First Amendment.
“Congress shall make no law
respecting an establishment of
religion, or prohibiting the free
exercise thereof; or abridging the
freedom of speech, or of the press; or
the right of the people peaceably to
assemble, and to petition the
Government for a redress of
grievances.”
A few general links about the
freedom of the press:
- America.gov.
- George Orwell.
- Freedom House.
- Wikipedia.
. . . and some dueling quotes from
a couple of founders:
James Madison
A popular government without
popular information or the means
of acquiring it, is but a prologue to
a farce, or a tragedy, or perhaps
both. - James Madison
To the press alone, chequered as it
is with abuses, the world is
indebted for all the triumphs which
have been gained by reason and
humanity over error and
oppression. - James Madison
Thomas Jefferson
Whenever the people are wellinformed, they can be trusted with
their own government. - Thomas
Jefferson
Where the press is free and every
man able to read, all is safe.
- Thomas Jefferson
A democracy cannot be both
ignorant and free. - Thomas
Jefferson
Recall that a democratic
government is based on the
collective preferences of the
population. A press of some sort is
necessary to send out the
information necessary for the
population to make sound
decisions about policy options.
What do the terms “the press” and
“the media” refer to?
The terms are often used
interchangeably.
A medium (the plural of media) is
a carrier of something, in this case
information.
The Press
The term “the press” refers to any
method, through print or electronic
means, that conveys information. The
original printing press wasn’t the most
effective was to communicate large
amounts of information.
A typical printing press could print
only a limited amount of material,
and its products could only be sent
as quickly as the swiftest horse or
ship.
Technology has improved steadily
since that devise. The nature of the
information has expanded as has
the speed and scope of its delivery.
Here’s a chronological list:
Newspapers
The Telegraph
Photographs
Radio
Broadcast Television
Cable Television
Satellites
The Internet
Camera Phones, Facebook and Twitter
Each method creates its own
unique issues, opportunities and
problems. The speed and breadth
of communication has increased
exponentially. While access to the
press has historically been limited,
today, anyone with an internet
connection can participate.
And here’s a map of the internet:
One critical consequence of the
change: The news, which once was
available occasionally, is now 24/7.
Public officials were once able to
conduct business in private – that
is now impossible.
The 24 hour news cycle.
- NPR
- What the 24 Hour News Cycle Has
Done to Our Nation.
- 24-hour news cycle conveys
power to the unworthy
Long detailed debate has been
replaced with the sound bite.
What impact has that had on
governing?
Is it possible for long term
problems to be solved in a news
environment that focuses on the
short term?
Next Topic:
Defining “press” and “media.”
Now, information can travel
instantly to anyone with a
computer.
Information can now also be sent
through the internet by anyone
with a connection. The press is a
two way communications device.
The Media
“The media” is what we use to
refer to the various organizations
that use “the press” to gather,
digest, organize and distribute
information. That information can
be about political or non-political
entities.
“The Media” generally refers to the
businesses that profit by collecting
and disseminating information.
Media and entertainment are a
growing part of the American
economy.
We often hear people refer to at
least three different “types” of
media:
- The Mainstream Media
- The Conservative Media
- The Alternative Media
The term “mainstream media”
refers to the largest media outlets,
those that tend to set help the
political agenda.
These include:
The New York Times
The Washington Post
USA Today
Wall Street Journal
Together these organizations tend
to determine what items are news
worthy and what items are not.
This power is referred to as agenda
setting.
Here’s a rule of thumb about
media influence on politics:
“The media cannot tell the public
what to think, but it can tell it what
to think about.”
Both the alternative and
conservative media object to the
mainstream media’s influence.
The alternative media believes the
mainstream media is controlled by
corporate interests and is biased in
that direction.
Ownership can place limits on
what types of stories are and are
not covered in the press.
The alternative media tends to be
to the left of the mainstream
media and includes:
The Nation
Mother Jones
Pacifica Radio Network
Many mainstream media outlets
are owned by large corporations.
In recent years fewer companies
have come to own more and more
of the large media outlets in the
U.S.
Who owns the majority of media
outlets?
The Big Six
General Electric – NBC, etc…
Walt Disney – ABC, etc…
News Corp – Fox, etc…
Time Warner – CNN, etc…
Viacom – MTV, etc…
CBS – CBS, etc…
This raises a question:
Does the concentration of media
create a problems for the types of
views that are broadcast?
The Conservative Media includes
The National Review
The Weekly Standard
Fox News
The conservative media believes
the mainstream media has a liberal
bias.
Proving bias can be a tricky thing
though.
Another distinction worth noting
Old Media
New Media
Old Media: Newspapers, Broadcast
Television, Magazines.
New Media: Anything digitized,
blogs, social media.
Old media has merged with new
media, is there a real distinction
between the two anymore?
A traditional role of the press:
Promulgation
A press of some sort is also
necessary to promulgate laws.
Laws once passed, need to be
published. People need to know
what the law is.
“Although the United States Constitution does
not refer to "promulgation" as such, U.S. laws
take effect upon being signed by the President
of the United States or upon the overriding of a
presidential veto. In United States administrative
law, a regulation may be said to be formally
promulgated by an administrative agency when
it appears in the Federal Register and after the
public-comment period concludes.” – wikipedia.
Until the establishment of the
United States Printing Office in
1860, the U.S. government had to
contract with newspapers to
promulgate laws and regulations.
This created an opportunity for
patronage. Whichever party
controlled Congress could favor
newspapers affiliated with their
party.
Some History
The development of a free press.
Before any of this this matters, the
idea that the press ought to be free
has to be established, and the
ability of the press to in fact be
free of governmental censorship
and pressure has to be gained.
Governments have always
attempted to spread information
deemed necessary to the general
population, but often this was
more propaganda than objective
news. They have also attempted to
censor information.
Propaganda:
“a form of communication that is
aimed at influencing the attitude of
a community toward some cause
or position so as to benefit
oneself.”
Censorship:
The suppression of speech by
some group, be it a government or
some other body.
Controlling information is key to
obtaining and maintaining political
power.
Prior to the development of the
printing press, few were literate or
possessed books. A copy of the Bible
was very expensive, as expensive as a
house. They were written out by hand.
People who did not have one
depended on others for its content.
Those who could communicate
ideas – those who were literate –
had power over those who could
not.
Since there were few books
available, there was little need for
the average person to be literate.
1440: Gutenberg developed a
printing press with removable
type.
Gutenberg began printing Bibles,
making them affordable for the
first time, and individuals were
able to them read it for themselves
and make their own decisions
about what it meant.
There is a current historical debate
whether Guttenberg first printed
Bibles, or Latin grammars that
could be used to learn how to read
so that people could then read the
Bible (which would not be
translated into English for some
time).
This promoted literacy, which was
suddenly worth obtaining.
Due to the printing press, ideas
were free to flow. Books were
easier to print and distribute. More
people began to read.
But some ideas were still
suppressed since they could upset
the political status quo.
The press provided opportunities
for people to challenge orthodox
beliefs. Here’s an example:
The Trial of Galileo
By printing the results of his
scientific inquiries, Dialogue
Concerning the Two Chief World
Systems, he challenged the
Church’s preferred understanding
of the relationship between the
Earth and the Sun.
And he ended up under house
arrest.
Notice how the press makes it
easier for people to challenge
authority. Little wonder authorities
try to suppress it.
As with scientific speech, political
speech – distributed through the
press - is often suppressed if it
challenges existing leaders. We
covered this also in the previous
section on speech.
Sedition
Seditious Libel
Again: What is Sedition?
Any spoken or written attempt to:
- bring government into
hatred or contempt
- incites people to change government
- promotes discontent among the
citizens
Remember from the previous section’s slides:
Sedition in its modern meaning first appeared in
the Elizabethan Era (c. 1590) as the "notion of
inciting by words or writings disaffection
towards the state or constituted authority".
"Sedition complements treason and martial law:
while treason controls primarily the privileged,
ecclesiastical opponents, priests, and Jesuits, as
well as certain commoners; and martial law
frightens commoners, sedition frightens
intellectuals.“ - Wikipedia
Governments began to – and
continue to in many cases – ban
books considered subversive.
Banned writings would be
sometimes burned by
executioners. Interesting
symbolism.
Book burnings are still common.
In 1559, the Vatican began publishing a
“List of Prohibited Books.” See a list of
banned books here. Another list from the
First Amendment Center.
This list includes names familiar to us:
Thomas Hobbes, John Locke, and John
Stuart Mill.
“the primary criterion for banning books
included anticlericalism, blasphemy,
heresy.”
Here’s an account of what may
have been the first book burning in
Colonial America.
The Meritorious Price of Our
Redemption, Justification, Etc.... by
William Pinchin, Gentleman, in
New England
Remember that John Locke’s argument
against the Divine Right of Kings in the
First Treatise on Government was
clearly subversive and seditious.
It was published anonymously, in
secret, in the Netherlands, following
the signing of the British Bill of Rights.
As the authority of government began
to be checked internally, opportunities
for a free exchange of ideas through
the press emerged. After the signing of
the British Bill of Rights, and the
containment of unchecked monarchic
power, it became possible to publish
books challenging authority.
But the range of opinions offered
as a result led some to propose
reestablishing limits on the press.
He sought to prevent that from
happening.
An early defense of a free press
was offered by John Milton in 1644
in Areopagitica
He argued against censorship
and specifically the Licensing
Example: The Licensing of the Press
Act 1662
An Act for Preventing the Frequent
Abuses in Printing Seditious
Treasonable and Unlicensed Books
and Pamphlets and for Regulating
Printing and Printing Presses
“Give me the liberty to know, to
utter, and to argue freely according
to conscience, above all liberties” –
Milton.
The idea that a free press – as well
as free speech – is intertwined
with a free society becomes more
commonly accepted.
There is still a correlation between
press freedoms and the general
level of freedom in a given society.
Click here for information on the
current nature of Press freedoms
across the world.
Freedom House
In the previous section we
discussed the ideas contained in
Cato’s Letters (1720 – 1723) which
were printed, published and
circulated.
By 1742, David Hume could say the
following:
“Nothing is more apt to surprise a
foreigner than the extreme liberty which
we enjoy in this country of communicating
whatever we please to the public and of
openly censuring every measure entered
into by the king or his ministers.”
Once the freedom of the press
becomes established, the business
opportunities develop. Writing,
publishing and bookselling
becomes profitable.
The Copyright Act of 1709 (the
Statute of Anne) establishes
copyright law. Authors have a right
to their writings. This create an
incentive to publish material for
profit.
Later, one of the delegated powers
in the Constitution would allow
Congress to grants to authors
ownership of their work.
Meanwhile, across the Atlantic, the
Colonial Press is evolving.
The First Newspaper in the
Colonies
Publick Occurrences Both
Forreign and Domestick
- published by Benjamin Harris
- image.
Closed after one issue since it did
not have a permit. Permitting was
an early means of censorship. The
crown – or its representatives –
had to see work before it was
printed and issue a permit if
accepted, and after a fee was
collected. This was a type of tax.
As in Britain, early conflicts arose
over what could be printed. Often
this involved defining “sedition.”
What did it take to successfully
prosecute a printer for sedition?
The Trial of John Peter Zenger
Accused, but later acquitted, of seditious
libel. He accused, correctly, the governor of
corruption. But truth did not matter
according to existing law. The jury
disagreed and ruled that one could not be
charged with libel if one printed the truth.
Zenger has his defenders.
“The loss of liberty in general would soon follow
the suppression of the liberty of the press; for it
is an essential branch of liberty, so perhaps it is
the best preservative of the whole. Even a
restraint of the press would have a fatal
influence. No nation ancient or modern has
ever lost the liberty of freely speaking, writing or
publishing their sentiments, but forthwith lost
their liberty in general and became slaves.”
- 1733, James Alexander, The Weekly Journal,
writing in defense of Zenger.
The case not only narrowed the
definition of sedition, but
reinforced the concept of jury
nullification (which we save for
2302).
The colonists were voracious
consumers of books, especially
those that dealt with governmental
principles.
Two Key Examples:
William Blackstone
Commentaries on the
Laws of England.
Most books were written and
published in Britain, but colonial
authors were developing.
The most important early figure
was Benjamin Franklin.
His accomplishments were very
broad, but as a press figure he was:
A writer
A printer
The Postmaster General of the
Colonies
America’s First media magnate
As a publisher he is best known for
Poor Richard’s Almanac
Beyond that, he demonstrated the
political power that follows from
being able to distribute
information.
Ironically, one of the events
initiating the drive towards
revolution was a tax on the press.
The Stamp Act of 1765 taxed,
among other things, newspapers.
Debates over revolution were
carried out in the press, as were
later debates over the ratification
of the Constitution.
The American Revolution and
founding was covered in the press.
Most of the important documents
from that era were printed and
circulated among the public.
Example: The Dunlap Broadsides
These were the printed copies of
the Declaration of Independence
produced and distributed after it
was written. These were sent
around the colonies and displayed
publicly to announce
independence.
The Constitution was also printed
publicly after it was signed.
The debates over the document
picked up in newspapers soon after
it was published. These happened
in newspapers and pamphlets
across the country.
Here is a chronology of the
publication of the Federalist and
Anti-Federalist Papers.
Recall that the writing of the
Constitution was not only done in
secret, the notes were kept secret
for decades. Madison’s note were
published 50 years after the
document was signed. There’s
evidence he changed some of the
notes.
This raises a question: How much
coverage should be given to the
inner workings of government?
Does day by day coverage make it
more difficult for good decisions to
be made?
How might the Constitution have
been affected if it was written out
publicly?
Would it have been as good a
document?
This is an ongoing controversy:
Should some things be done in
secret? Think of controversies over
The State Secrets Privilege.
Can the President keep certain
internal matters secret, or does
that allow for corrpution?
This was a matter of debate in the
1980s when C-Span wanted to
televise floor proceedings in the
House of Representatives and the
Senate.
- Here’s a recent controversy over
televising health care negotiations.
A similar controversy exists over
whether Supreme Court
proceedings should be televised –
are at least recorded for later
broadcast.
Critics argue that once debates
were televised, members of
Congress were no longer debating
among themselves, but were
rather playing to their constituents.
New Media technology and the
need to constantly obtain content
has made members of Congress far
more subject to the press than
they have previously.
Question: Has the 24 hour news
cycle made governing more
difficult than it has been in the
past?
Perhaps things have no changed as
much as we think. The founders
were also concerned about the
excesses of the press.
John Jay Included criticisms of the
press in Federalist #2
“It is not yet forgotten, that well grounded
apprehensions of imminent danger induced the
people of America to form the Memorable
Congress of 1774. That Body recommended
certain measures to their Constituents, and the
event proved their wisdom; yet it is fresh in our
memories how soon the Press began to teem
with Pamphlets and weekly Papers against those
very measures. “
A free press has always been
controversial.
As we know already, the freedom
of the press was added onto the
Constitution in the First
Amendment as part of the packet
of amendments we collectively
know as the Bill of Rights.
We also know that the restrictions
on Congress established in the First
Amendment are not absolute. They
can be overcome if a “greater
interest of society” justifies it.
Example: Is some information
better kept secret? How do we
know?
The Supreme Court has struggled
over the nature of press freedoms,
th
especially in the 20 Century.
The story is very similar to that of
Free speech
What limits can be placed on press
freedoms? What justifies them?
Constitutional Issues
Supreme Court decisions
- a list from oyez.
For an overview of the topic go to
the First Amendment Center
Here are few specific areas of
controversy:
Libel and Defamation
”The communication of a statement that makes
a claim, expressly stated or implied to be factual,
that may give an individual, business, product,
group, government, or nation a negative image.
It is usually a requirement that this claim be
false and that the publication is communicated
to someone other than the person defamed.” –
Wikipedia.
Prior Restraint
“. . . a form of censorship in which one is
prevented, in advance, from
communicating certain material, rather
than made answerable afterwards. . . .
Prior restraint often takes the form of an
injunction or other governmental order
prohibiting the publication of a specific
document or subject.” – Wikipedia.
Shield Laws
A shield law or reporters' privilege is
legislation designed to provide a news
reporter with the right to refuse to testify
as to information and/or sources of
information obtained during the news
gathering and dissemination process. –
Wikipedia.
Gag Orders
“an order, sometimes a legal order
by a court or government, other
times a private order by an
employer or other institution,
restricting information or comment
from being made public.” –
Wikipedia.
Journalist Access
”The First Amendment bars Congress from making any
law abridging freedom of speech or of the press. These
rights generally involve the dissemination of
information, not the collection of it. Nevertheless, the
Supreme Court said in Branzburg v. Hayes (1972) that
the right to free press “could be eviscerated” if there
were no corollary right to gather news. The news media
serve as surrogates for the public, reporting
information that individuals would want to know if they
could witness it themselves.”
Privacy and Newsgathering
“Perhaps the greatest clash involving freedom
speech has been the continuing collision
between freedom of the press and the right to
privacy. Many First Amendment advocates view
this clash as the greatest threat to First
Amendment freedoms. The press has been
targeted for its intrusive newsgathering
techniques and for publishing information about
people’s private lives.” First Amendment Center
Blogging
For years the Internet has been hailed as a First
Amendment fantasyland where freedom of
expression could reach its zenith. U.S. District
Judge Stewart Dalzell wrote in ACLU v. Reno, a
leading Internet free-speech case that later
reached the U.S. Supreme Court and dealt with
the regulation of online pornography, that the
Internet was “the most participatory form of
mass speech yet developed” and “a far more
speech-enhancing medium than print.”
Eras of the Press
The press in the US is argued to
have gone through several distinct
eras.
See: History of American
Newspapers.
The Revolutionary Press
The Partisan Press
The Yellow Press
The Objective Press
The Adversarial Press
The Revolutionary Press
Described above. The press was
used to argue about revolution.
Arguments about the decision to
revolt from Britain and to ratify a
new Constitution were carried out
in colonial newspapers.
The Partisan Press
As parties developed in the early
years of the Republic, party run
newspapers were used to promote
candidates and platforms.
George Washington and
the American Aurora
Two principal early figures
John Fenno – Supporter of the
Federalist Party
Philip Freneau – Supporter of the
Democrat-Republican Party
Fenno edited the Gazette of the
United States which supported the
policies of the Federalists and
often featured the writings of
Alexander Hamilton.
Freneau edited the National
Gazette which did the same for the
Democrat Republicans.
Tocqueville commented on the
unruliness of the press during this
period of time.
“Liberty of the Press in
the United States”
Many early newspapers were
directly tied into local party
machines.
The idea that the press is biased
towards certain policies and
candidates is not new.
Two useful reads:
The Effect of the Partisan Press on
U.S. House Elections, 1800-1820.
The Rise of the New Partisan Press:
Forward into the Past.
The Yellow Press
As newsprint became cheaper, and
printing presses more efficient,
newspapers became very
profitable. Lurid, sensational
stories, not necessarily true,
helped sell newspapers.
Key Figures
William Randolph Hearst
Joseph Pulitzer
Their propaganda has been argued
to have been responsible for the
Spanish - American War.
"Please remain. You furnish the
pictures and I'll furnish the war.“
Hearst to Frederick Remington
(allegedly) who was hired to
illustrate articles about the war
and noted that everything seemed
calm.
Objective
As a consequence of the yellow
press, attempts were made to
professionalize journalism and the
news in order to provide objective
information about current events
to the electorate.
Joseph Pulitzer funded the prizes
that would be named after him as
penance for the sensationalism he
once promoted. He also provided
the money that would establish
the Columbia School of Journalism.
The effort was to inform, rather
than take sides. As a way of
obtaining information, close
relationships developed between
members of the press and
government officials.
Perhaps too close.
The press that covered FDR agreed
to not discuss his paralysis. There
were understanding about what to
report and what not to report.
- FDR’s Press Conferences.
This relationship lasted as long as it
seemed mutually beneficial.
Things changed in the 60s.
The Adversarial Press
As hostility towards the Johnson and
Nixon Administration grew due to the
Vietnam War and Watergate,
members of the press learned that
they could advance their careers by
taking an adversarial stance towards
government
Example: Woodward and
Bernstein’s investigation of
Watergate furthered their careers.
Woodward and Bernstein
Redford and Hoffman
Robert Redford plays you in the
movies.
Think about it.
Not everyone is convinced that the
relationship between the press and
government officials is at all
adversarial.
Glenn Greenwald.
Where are we now?
Next topic:
The Impact of Technology on the
collection and dissemination of
information.
Newspapers
Books
Radio
Television
The Internet
Speed
Breadth
nature of info
two way communication
Technological development driven
by need for faster and more
comprehensive information
Finance
Military
Printing
From a press to a revolving drum
Cheaper newsprint
Telegraphs
Instantaneous communications
over long distances.
Photography
Stories are accompanied with –
sometimes gory – images.
Radio
The Voice can be heard
FDR’s Fireside Chats
Helped increase presidential power
Television
Visual Information
Nixon – Kennedy Debates
Click here for debate video
Satellites
Vietnam
Cable
CNN
Fox
Digital Communication
The Internet
Decentralized
Two way
Easily Networked
Recent changes
24 hour news cycle
the bloggosphere
Perhaps most important: This is
the Golden Age of Information
Almost every major book, or idea
ever published is available, free.
Almost any news event can be
followed.
Any classic book or document can
be found online
The Avalon Project
Online Library of Liberty
Thomas
Google Books
Wikileaks
But is it too much?
How to sift through the wealth of
information? Is it stiffling?
Irony: As more information is
available, the coverage of events
seems to becoming more
superficial and mean spirited.
Manipulating the Press
Government and Political
organizations are not neutral
towards the press. They actively
attempt to ensure that the press
covers news in a manner that is
favorable to them.
Every organization contains an
office which handles press
relations.
The most famous is the White
House Press Secretary.
The current press secretary is Jay Carney.
He began as a reporter and in 1993
covered the Clinton White House. Until
2008 he was Washington Bureau Chief for
Time Magazine.
Someone with this background presumably
has familiarity with White House reporters
and knows how they think.
This demonstrates that a revolving
door exists between the news
media, public relations and
communications firms, and
communications offices in the
executive and legislative branches.
Do political leaders even have to
face the press anymore?
Sarah Palin has never given a press
conference.
The relationship between the press
and the branches of government.
Both antagonistic and
opportunistic
John Fenno
Richard Freneau
Regulations
Federal Communications
Commisson
Broadcasting
Important, subtle, turning point:
The creation of the Government
Printing Office.
site, wikipedia
With its own printing press, the
government no longer had to
contract with newspapers to
promulgate laws.