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Freedom of the Press

By: History.com Editors

Updated: August 21, 2018 | Original: December 7, 2017

Freedom of the press—the right to report news or circulate opinion without censorship from the government—was considered “one of the great bulwarks of liberty,” by the Founding Fathers of the United States. Americans enjoy freedom of the press as one of the rights guaranteed by the First Amendment. New technologies, however, have created new challenges to media freedom.

The First Amendment , which protects freedom of the press, was adopted on December 15, 1791, as part of the Bill of Rights .

The Bill of Rights provides constitutional protection for certain individual liberties, including freedom of the press, freedom of speech, freedom of religion and the right to assemble and petition the government.

Origins Of Free Press

Before the thirteen colonies declared independence from Great Britain, the British government attempted to censor the American media by prohibiting newspapers from publishing unfavorable information and opinions.

One of the first court cases involving freedom of the press in America took place in 1734. British governor William Cosby brought a libel case against the publisher of The New York Weekly Journal , John Peter Zenger, for publishing commentary critical of Cosby’s government. Zenger was acquitted.

Cato’s Letters

American free press ideals can be traced back to Cato’s Letters, a collection of essays criticizing the British political system that were published widely across pre-Revolutionary America.

The essays were written by Brits John Trenchard and Thomas Gordon. They were published under the pseudonym of Cato between 1720 and 1723. (Cato was a statesman and outspoken critic of corruption in the late Roman Republic.) The essays called out corruption and tyranny in the British government.

A generation later, Cato’s Letters frequently were quoted in newspapers in the American colonies as a source of revolutionary political ideas.

Virginia was the first state to formally protect the press. The 1776 Virginia Declaration of Rights stated, “The freedom of the Press is one of the greatest bulwarks of liberty, and can never be restrained but by despotic Governments.”

More than a decade later, Virginia Representative (and later president of the United States) James Madison would borrow from that declaration when drafting the First Amendment.

Media Freedom And National Security

In 1971, United States military analyst Daniel Ellsberg gave copies of classified documents to The New York Times . The documents, which would become known as the Pentagon Papers , detailed a top-secret Department of Defense study of U.S. political and military involvement in Vietnam from 1945 to 1967.

The Pentagon Papers exposed government knowledge that the war would cost more lives than the public had been told and revealed that the presidential administrations of Harry Truman , Dwight D. Eisenhower , John F. Kennedy and Lyndon B. Johnson all had misled the public about the degree of U.S. involvement in Vietnam.

The government obtained a court order preventing The New York Times from publishing more excerpts from the papers, arguing that the published materials were a national security threat. A few weeks later, the U.S. government sought to block publication of the papers in the Washington Post as well, but the courts refused this time.

In the New York Times Co. v. United States , the Supreme Court ruled in favor of the newspapers, making it possible for The New York Times and Washington Post to publish the contents of the Pentagon Papers without risk of further government censorship.

Former CIA employee Edward Snowden leaked classified documents from the National Security Administration to newspapers in the U.K., United States and Germany in 2013. His leaks revealed several government surveillance programs and set off a global debate about government spying.

Some denounced Snowden as a traitor while others supported his actions, calling him a whistleblower and champion of media freedom.

Press Freedom Around The World

In 2017, a U.S.-based nonprofit, Freedom House, found that just 13 percent of the world’s population enjoys a free press—a media environment where political news coverage is robust and uncensored, and the safety of journalists is guaranteed.

The world’s 10 worst-rated countries and territories include: Azerbaijan, Crimea, Cuba, Equatorial Guinea, Eritrea, Iran, North Korea , Syria , Turkmenistan and Uzbekistan.

The United States ranked 37 of 199 countries and territories for press freedom in 2017. Norway, the Netherlands and Sweden were the top ranking countries.

The Origins of Freedom of Speech and Press; Maryland Law Review . Freedom of the Press 2017; Freedom House .

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Why freedom of the press is more important now than ever

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An independent press is one of the essential pillars of a democracy, and we need to support journalists and whistleblowers alike to protect it, says lawyer and free press advocate Trevor Timm.

The First Amendment of the US Constitution is only 45 words, but it packs a punch. It protects free speech and a free press in America (in addition to religion, assembly and petition); without it, the country would look completely different. “The First Amendment is the safety valve of our democracy,” says US free press advocate Trevor Timm (TED Talk: How free is our freedom of the press? ). “It has always been the bulwark against secret government, against authoritarianism and against tyranny.”

Americans take great pride in their press freedom. But the truth is, it’s under attack. This trend goes beyond the current president and his administration branding credible news outlets as “fake news” and threatening journalists and leakers with lawsuits. What’s perhaps less widely known is the Obama administration’s prosecution of a record eight whistleblowers for leaking government secrets to the media. Journalists are also increasingly being stopped and searched at US borders, and they’ve recently been arrested for covering protests at the inauguration and at Standing Rock. For these reasons, the US ranks number 43 out of 180 countries on the World Press Freedom Index . That’s right — 42 countries, including Ghana, South Africa and Jamaica — are judged by Reporters Without Borders to have greater press freedom than the United States, whose freedom is enshrined in its most important document.

Timm, a lawyer and a TED Fellow , runs the Freedom of the Press Foundation , a nonprofit organization that defends journalists through Internet advocacy, crowdfunding campaigns and tools to protect reporters and their sources (including SecureDrop , a safe way for whistleblowers to send information to journalists) . The Foundation’s newest tool is the US Press Freedom Tracker , which monitors violations in the US. Here, Timm shares a brief overview of press freedom in America and explains why government whistleblowers are so vital to an independent press.

The US owes its existence in part to a free press. “Some of the most important voices before and during the American Revolution were anonymous pamphleteers who were writing under pseudonyms, talking about the crimes of the British government,” Timm says. Speeches, pamphlets and newspapers were critical in informing and galvanizing public support for the revolt. And because a free press was so pivotal in their efforts to overthrow British rule, the Founding Fathers decided to protect that right with the First Amendment, ratified in 1791.

But the rights protected by the First Amendment have never been absolute. US history has been marked by an ongoing conflict between the government’s attempts to strengthen and protect itself and the press’s attempts to scrutinize and report on the government. Along the way, the US government has scored some key victories in stifling the press. The Sedition Act of 1798 made it criminal to criticize high-ranking government officials; anti-war activists during WWI were jailed; and FDR created an Office of Censorship during WWII in an attempt to control the media narrative around the war effort. However, a number of Supreme Court cases in the 20th century were able to establish robust legal protections for the press. These cases include Near vs. Minnesota (1931) , which held that it was largely unconstitutional for a government to censor the press, and New York Times v. United States (1971) , which ruled that the Nixon Administration could not use vague pronouncements of “national security” to censor the publication of the Pentagon Papers.

“Fake news” is more than an insult — it hampers the press in its efforts to protect the public. Thomas Jefferson famously mused that he’d rather have newspapers without a country than a country without newspapers, and for good reason. An independent press ensures that citizens stay informed about the actions of their government, creating a forum for debate and the open exchange of ideas. And the press also occupies another critical role: watchdog. “We’re in a situation now where one party controls three branches of the government, so the fourth estate, the press, is really the last mechanism that the public has to force accountability on government,” Timm says. But if people don’t believe the mainstream media can be trusted, then they won’t believe journalists if they publish evidence of corruption or illegal activity by the government. That’s the troubling situation we could find ourselves in if “fake news” becomes shorthand for reporting that the government doesn’t agree with.

The press relies on whistleblowers to help keep the government in check. Consider some of the most explosive political scandals of the last 50 years, from Watergate to the Pentagon Papers to the CIA torture program in the early 2000s. “The only reason that reforms were made is because investigative reporters talked to whistleblowers in the government and published information the government tried to keep secret,” Timm says. In the last few months, we’ve witnessed a deluge of leaks from within the White House, some of which have aimed to highlight potential conflicts of interest or possible corruption. While the administration has threatened both the whistleblowers as well as the journalists who’ve spoken to them, Timm says these types of leaks are essential to a healthy democracy. “We understand the press will make the lives of our leaders a little bit harder,” he says. “But that is as intended.” Critics claim that leaks can jeopardize national security and imperil American lives. But responsible news organizations operate according to ethical standards, consulting with government officials before releasing sensitive information and refraining from publishing stories that would cause the public more harm than good.

In recent years, the US government has taken legal action against journalists’ sources.  Recent whistleblowers have been prosecuted under the Espionage Act of 1917, a law passed during WWI to prevent insubordination and the disclosure of military secrets to foreign enemies. From 1917 until 2009, only one government whistleblower was convicted under this law. But from 2009 to 2016, the Obama administration used it to prosecute eight whistleblowers, including Chelsea Manning and Edward Snowden, and many predict that the law will continue to be used aggressively against sources. The Espionage Act has been called unconstitutional by the ACLU because it is selectively used against leakers who depict the government in bad light and it does not allow for whistleblowers to argue in court for the public interest served by the release of leaked information. Ultimately, says Timm, the increasing use of the Espionage Act makes sources less likely to approach journalists with classified information, even if it would benefit the general public, for fear of being jailed.

The Espionage Act could be deployed against reporters, too. Nixon tried and failed to use the Espionage Act against the New York Times for publishing the Pentagon Papers. But the narrow Supreme Court ruling in that case leaves open the possibility that it could one day be used to criminally prosecute journalists for publishing leaks, says Timm. “There have been a half-a-dozen cases over the past 50 years of administrations threatening to use the Espionage Act directly against reporters for publishing stories about national security, and they’ve never fully gone down that path,” he says. “But it’s always been a cloud that has loomed over journalists.”

A new database keeps tabs on press freedom in the US. While Timm and other media observers sensed that free press violations have been increasing over the past decade, no one was actually keeping a record. Now for the first time, the US Press Freedom Tracker will comprehensively count and document press freedom violations in America, including reporter arrests, border stops and court orders for surveillance. “We want to raise awareness about how it’s not just journalists who are affected by the erosion of press freedom rights,” Timm says, “it’s really the public that ultimately suffers.”

Despite mounting challenges, journalists must continue to keep the public informed. “The press should always be antagonistic and aggressive and not kowtow to any administration, no matter what party they’re part of,” Timm says. “So in some ways, Trump has brought out the best in journalism.” He adds that Americans should feel “incredibly lucky” to have the First Amendment enshrined in the nation’s Constitution — “hardly any other countries in the world have such a clause.” Now it’s up to all of us to continue to appreciate this freedom and demand that it remains protected.

About the author

Patrick D'Arcy is the Editorial Manager of the TED Fellows program.

• freedom of press
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Why Is Freedom Of The Press Important in a Democracy?

Freedom of the press states that expression and communication through published media – like in print and video – is a right. Freedom of the press is codified in multiple documents that set international standards . A government should not interfere with this freedom or censor media that’s critical of state power. For years, freedom of the press has been an essential part of democracy. In a democracy, people have the right to choose their government either directly or by electing representatives. Why is freedom of the press so important for democracy to thrive? What are the threats to this freedom?

Truth, accountability, and informed voting: reasons why freedom of the press matters

A healthy democracy has guiding principles like citizen rule, fair and free elections, the protection of individual rights, and cooperation. To ensure these principles become a reality, a free press is important. There are three main reasons why:

A free press fights for the truth

Freedom of the press matters because a free press uncovers the truth. There are many issues – often very complicated ones – that journalists are trained to analyze and explain. Without newspapers, radio shows, blogs, etc, the average person would have little to no knowledge of what’s going on around them. Most people lack the time and resources to investigate issues and stories that affect them and their communities. That’s where journalists come in. Armed with skills like research and critical thinking, the best journalists know what questions to ask , what leads to pursue, and how to fact-check. Fact-checking is a vital element of a free press. If the press is not able to fact-check safely and effectively, the truth remains buried.

A free press holds power accountable

Many entities can benefit from the truth staying hidden, including governments. One of the free press’ main missions is serving as a watchdog on power. The press is the bridge between the people and powerful entities. If the press is not free but instead beholden to power, it simply serves as an extension of that power. Without freedom of the press, journalists who try to tell the truth when it threatens the state are not protected by the law. This makes censorship and suppression inevitable. Even if a state made it a goal to be more truthful and transparent, there’s always an agenda they would need to serve. In the case of corruption and human rights violations , a free press is essential to exposing abuses of power.

A free press informs voters and strengthens democracy

Informed voting is the third reason why freedom of the press is so important. Democracies only thrive when voters are as informed as possible. Being informed ensures people understand the issues at hand and what policies and politicians best represent them. The press is the body that informs by analyzing information, encouraging discussion, and fact-checking. The freer the press, the better informed voters can be. Without this freedom, voters would be at the mercy of politicians and special interest groups that want to win elections and promote specific legislation. It would be very difficult and time-consuming for voters to do all their work on their own. A strong media makes the process less complicated and offers valuable insight.

How freedom of the press is threatened

The press is threatened around the world. Some places are worse than others, but even in democracies, press freedom can face many challenges. Organizations like Reporters Without Borders track the number of journalists harassed, imprisoned, or killed. This info gives the world a sense of how serious the problem is. There are many threats to a free press, including:

Legal threats

Legal threats like libel and privacy lawsuits, source intimidation, and subpoenas for confidential information drain money and resources from news sources, delay or block stories, and make people afraid to talk to journalists.

Governmental threats

Government officials can make a journalist’s job much harder and even dangerous. Actions include threatening to take away licenses, using inflammatory language against the press, and tracking or even arresting journalists. This abuse of power sows distrust in journalists, makes them a target for violence, and dampens the media’s ability to get out important stories.

Harassment and physical violence

Being a journalist can be a very dangerous job. Harassment is very common, especially for female journalists. Stalking, threatening, doxing, and trolling all serve to intimidate journalists and discourage them from working. Harassment can escalate to physical violence and include attacks, bomb threats, stolen equipment, and murder.

Protecting freedom of the press

What helps ensure that the press stays free and flourishing? Legislation that protects journalists and freedom of the press is one of the most important steps. “Shield laws,” which are laws that provide journalists with an absolute or qualified privilege to refuse to reveal their sources, are found in many places. A shield law protects both the journalist and their source. In the United States, there is no federal shield law, so many activists are working toward this goal. On an individual level, citizens can help protect freedom of the press by staying informed about threats to press freedom and efforts to support free media. Supporting local newspapers is another way to stay informed and ensure that the issues most relevant to your daily life are being reported on. For the sake of democracy, freedom of the press is a right that every entity in society must care about and commit to protecting.

Learn more about freedom of the press in an online course .

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About the author, emmaline soken-huberty.

Emmaline Soken-Huberty is a freelance writer based in Portland, Oregon. She started to become interested in human rights while attending college, eventually getting a concentration in human rights and humanitarianism. LGBTQ+ rights, women’s rights, and climate change are of special concern to her. In her spare time, she can be found reading or enjoying Oregon’s natural beauty with her husband and dog.

Essay on Freedom of the Press for Students and Children

500 words essay on freedom of the press.

Freedom of the press is the most important wheel of democracy. Without a free press, a democracy cannot exist. In fact, the press is a great medium that conveys the truth to people. However, it cannot function fully if the press is not free.

People must have heard the saying about the cost of freedom is eternal vigilance. Thus, it is the media’s responsibility to remain vigil for people’s safety. Moreover, the freedom of people is monitored by the media. The press watches those in power to ensure they do not misuse it. In order to do this, freedom of the press is required.

Importance of Freedom of the Press

The press has been given the responsibility of checking and balancing the administration and the government. Whenever there is a social evil lurking or corruption and oppression happens, the press is the first one to raise a voice.

Moreover, we trust the press to collect verify and disseminate the facts and figures which influence people’s decisions. If the press won’t have the liberty to do all this, the people will be in the dark.

Therefore, we see how if even any one of these liberties is take away from the press, the voiceless will lose their voice. Worse yet, if the press will be denied to do their job, the ones in power will run the country as per their will. This will result in uninformed citizens who will thus become powerless.

Get the huge list of more than 500 Essay Topics and Ideas

Moreover, we see how censorship of the press is nothing less than a dictatorship. When the government imposes censorship on the press, it obviously means they are trying to hide something. A person only hides lies and not the truth. Thus, this way the citizens will be manipulated into thinking there is nothing wrong with the government. Subsequently, when there remains no agency to report the truth, the government will gain absolute power.

In short, freedom of the press is important for the smooth functioning of democracy. It is important for people to be socially aware of happenings in the world. One must have the power to criticize the government; it will keep the administration on their toes to do better for the country.

Responsibility a Free Press

As we can conclude from the earlier statements, the press has a huge responsibility on their shoulders. They need to be vigilant and honest. Media has a powerful role to play in any form of government, whether democratic or totalitarian. The information they distribute helps in shaping the views of the public.

When you have such a power to influence the views of a whole public, then you must be even more responsible. In fact, the media is sometimes more powerful than the government. They have people’s trust and support. However, such a power given to any individual or agency is quite dangerous.

In other words, any media without restraints can be hazardous. As they have the power to showcase anything, they may report anything and twist the facts as per their agendas. They have the power to cause outrage amongst the people. A free press can easily manipulate the public’s opinion. This is why we need responsible journalism to refrain the media from reporting false facts which may harm the harmony and peace of a country.

FAQs on Freedom of the Press

Q.1 Why is freedom of the press important?

A.1 Freedom of the press is important for keeping people informed. A free press monitors the administration and forces them to work for the betterment of the country.

Q.2 What is the responsibility of a free press?

A.2 A free press has a huge responsibility of reporting the truth and shaping people’s opinions. Responsible journalism must be practiced to stop people from spreading hate and maintaining the harmony of a country.

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First Amendment – Freedom of the Press

The First Amendment protects the free press, including television, radio and the Internet. The media are free to distribute a wide range of news, facts, opinions and pictures.

1735 Truth Is A Defense Against Libel Charge

New York printer John Peter Zenger is tried on charges of seditious libel for publishing criticism of the royal governor. English law – asserting that the greater the truth, the greater the libel – prohibits any published criticism of the government that would incite public dissatisfaction with it. Zenger’s lawyer, Andrew Hamilton, convinces the jury that Zenger should be acquitted because the articles were, in fact, true, and that New York libel law should not be the same as English law. The Zenger case is a landmark in the development of protection of freedom of speech and the press.

1787 Federalist Papers’ Publication Starts

The first of 85 essays written under the pen name Publius by Alexander Hamilton, James Madison and John Jay begin to appear in the New York Independent Journal. The essays, called the Federalist Papers, support ratification of the Constitution approved by the Constitutional Convention on Sept. 17, 1787. In Federalist Paper No. 84, Hamilton discusses “liberty of the press.”

1791 First Amendment Is Ratified

The First Amendment is ratified when Virginia becomes the 11th state to approve the first 10 amendments to the Constitution, known as the Bill of Rights. The amendment, drafted primarily by James Madison, guarantees basic freedoms for citizens: freedom of speech, press, religion, assembly and petition.

1798 Alien And Sedition Acts Signed Into Law

While the nation’s leaders believe an outspoken press was justified during the war for independence, they take a different view when they are in power. The Federalist-controlled Congress passes the Alien and Sedition Acts. Aimed at quashing criticism of Federalists, the Sedition Act makes it illegal for anyone to express “any false, scandalous and malicious writing” against Congress or the president.

The United States is in an undeclared war with France, and Federalists say the law is necessary to protect the nation from attacks and to protect the government from false and malicious words. Republicans argue for a free flow of information and the right to publicly examine officials’ conduct.

1864 Lincoln Orders Two Newspapers Shut

President Abraham Lincoln orders Union Gen. John Dix to stop publication of the New York Journal of Commerce and the New York World after they publish a forged presidential proclamation calling for another military draft. The editors also are arrested. After the authors of the forgery are arrested, the newspapers are allowed to resume publication.

1907 Court Refuses To Review Publisher’s Conviction

In Patterson v. Colorado , the U.S. Supreme Court says it does not have jurisdiction to review the criminal contempt conviction of U.S. Sen. Thomas Patterson, who published articles and a cartoon critical of the state Supreme Court. The Court says that the rights of free speech and free press protect only against prior restraint and do not prevent “subsequent punishment.”

1918 Sedition Act Of 1918 Punishes Critics Of WWI

An amendment to the Espionage Act of 1917, the Sedition Act is passed by Congress. It goes much further than its predecessor, imposing severe criminal penalties on all forms of expression that are critical of the government, its symbols, or its mobilization of resources for World War I. Ultimately, about 900 people will be convicted under the law. Hundreds of noncitizens will be deported without a trial; 249 of them, including anarchist Emma Goldman, will be sent to the Soviet Union.

1925 Court: First Amendment Applies To States’ Laws

In Gitlow v. New York , the U.S. Supreme Court concludes that the free speech clause of the First Amendment applies not just to laws passed by Congress, but also to those passed by the states.

1931 Prior Restraint Ruled Unconstitutional

Near v. Minnesota is the first U.S. Supreme Court decision to invoke the First Amendment’s press clause. A Minnesota law prohibited the publication of “malicious, scandalous, and defamatory” newspapers. It was aimed at the Saturday Press, which had run a series of articles about corrupt practices by local politicians and business leaders. The justices rule that prior restraints against publication violate the First Amendment, meaning that once the press possesses information that it deems newsworthy, the government can seldom prevent its publication. The Court also says the protection is not absolute, suggesting that information during wartime or obscenity or incitement to acts of violence may be restricted.

1936 Court: Newspaper Circulation Tax Unconstitutional

In Grosjean v. American Press Co. , the U.S. Supreme Court decides that governments may not impose taxes on a newspaper’s circulation. The Court says such a tax is unconstitutional because “it is seen to be a deliberate and calculated device … to limit the circulation of information to which the public is entitled.”

1952 Justices Uphold Group Libel Law

In Beauharnais v. Illinois , the U.S. Supreme Court upholds the conviction of a white supremacist for passing out leaflets that characterized African Americans as dangerous criminals. The “group libel” law under which Joseph Beauharnais was prosecuted makes it a crime to make false statements about people of a particular “race, color, creed or religion” for no other reason than to harm that group. The Court rules that libel against groups, like libel against individuals, has no place in the marketplace of ideas.

1964 Court Establishes ‘Actual Malice’ Standard

In New York Times Co. v. Sullivan , the U.S. Supreme Court establishes the “actual malice” standard when it reverses a civil libel judgment against the New York Times. The newspaper was sued for libel by Montgomery, Ala.’s police commissioner after it published a full-page ad that criticized anti-civil rights activities in Montgomery. The court rules that debate about public issues and officials is central to the First Amendment. Consequently, public officials cannot sue for libel unless they prove that a statement was made with “actual malice,” meaning it was made “with knowledge that it was false or with reckless disregard of whether it was false or not.”

1969 Justices Uphold FCC’s Fairness Doctrine

Because of the limits of the broadcast spectrum, the U.S. Supreme Court holds that the government may require radio and TV broadcasters to present balanced discussions of public issues on the airwaves. In Red Lion Broadcasting v. FCC , the Court upholds the Federal Communications Commission’s fairness doctrine and “personal attack” rule – the right of a person criticized on a broadcast station to respond to the criticism over the same airwaves – saying they do not violate the right to free speech.

1971 Newspapers Win Pentagon Papers Case

The New York Times and the Washington Post obtain secret Defense Department documents that detail U.S. involvement in Vietnam in the years leading up to the Vietnam War. Citing national security, the U.S. government gets temporary restraining orders to halt publication of the documents, known as the Pentagon Papers. But, acting with unusual haste, the U.S. Supreme Court finds in New York Times v. United States that prior restraint on the documents’ publication violates the First Amendment. National security concerns are too speculative to overcome the “heavy presumption” in favor of the First Amendment’s guarantee of freedom of the press, the Court says.

1972 Court: No Reporter’s Privilege Before Grand Juries

Branzburg v. Hayes is a landmark decision in which the U.S. Supreme Court rejects First Amendment protection for reporters called before a grand jury to reveal confidential information or sources. Reporters argued that if they were forced to identify their sources, their informants would be reluctant to provide information in the future. The Court decides reporters are obliged to cooperate with grand juries just as average citizens are. The justices do allow a small exception for grand jury investigations that are not conducted or initiated in good faith.

1974 Equal Space Law For Candidates Struck Down

In Miami Herald v. Tornillo , the U.S. Supreme Court strikes down a Florida law requiring newspapers to give equal space to candidates running for office. The justices say a candidate is not entitled to equal space to reply to a newspaper’s attack. Compulsory publication, the court says, intrudes on the right of newspaper editors to decide what they want to publish.

1975 Court Allows Publication Of Sex-Crime Victim’s Name

In Cox Broadcasting Corp. v. Cohn , the U.S. Supreme Court rules that a state cannot prevent a newspaper from publishing the name of a rape victim in a criminal case when the name already was included in a court document available to the public.

1976 Justices Say Gag Orders On Press Are Prior Restraint

Nebraska Press Association v. Stuart pits the right of a free press against the right to a fair trial. In a multiple-murder case in Nebraska, a local judge imposed a gag order to prevent news coverage that might make it difficult to seat an impartial jury. However, the U.S. Supreme Court rules that judges cannot impose gag orders on reporters covering a criminal trial because they are a form of prior restraint. However, the justices also note that there may be cases in which a gag order might be justified to protect the defendant’s rights.

1977 Court Allows Publication Of Juvenile’s Identity

In Oklahoma Publishing Company v. District Court , the U.S. Supreme Court finds that when a newspaper obtains the name and photograph of a juvenile involved in a juvenile court proceeding, it is unconstitutional to prevent publication of the information, even though the juvenile has a right to confidentiality in such proceedings. A similar ruling will be made by the court two years later, in Smith v. Daily Mail Publishing Company , when the Court finds that a newspaper’s First Amendment right takes precedence over a juvenile’s right to anonymity.

1977 Publication Of Juvenile’s Name, Photograph Is Upheld

In the case Oklahoma Publishing Company v. District Court , the U.S. Supreme Court finds that when a newspaper obtains a name and photograph of a juvenile involved in a juvenile court proceeding, it is an unconstitutional restriction on the press to prevent publication of that information, even though the juvenile has a right to confidentiality in such proceedings. A similar ruling is made two years later, in Smith v. Daily Mail Publishing Company , when the Court finds that a newspaper’s First Amendment right must take precedence over a juvenile’s right to anonymity.

1978 Justices Allow Search Warrants For Newsrooms

In Zurcher v. Stanford Daily , the U.S. Supreme Court finds that the First Amendment does not protect the press and its newsrooms from search warrants. Police in Palo Alto, Calif., had obtained a warrant to search the newsroom of the student newspaper at Stanford University. Police believed the newspaper had photos of a violent clash between protesters and police and were trying to identify the assailants.

1979 Court: No Shield On Editorial Process Inquiries

In Herbert v. Lando , the U.S. Supreme Court decides that the press clause in the First Amendment does not include a privilege that would empower a journalist to decline to testify about editorial decision-making in civil discovery. The Court says that protecting the editorial process from inquiry would add to the already substantial burden of proving actual malice.

1979 Court Allows Publication Of Juvenile Offender’s Name

In Smith v. Daily Publishing Co. , the U.S. Supreme Court decides that a newspaper cannot be liable for publishing the name of a juvenile offender in violation of a West Virginia law declaring such information to be private. The Court writes: “If a newspaper lawfully obtains truthful information about a matter of public significance then state officials may not constitutionally punish publication of the information, absent a need to further a state interest of the highest order.”

1979 Right To Public Trial Is To Protect Defendant

In Gannett Co. v. DePasquale , the U.S. Supreme Court denies a claim by members of the press and public who were barred from a pretrial hearing in a criminal case. The Court rules that extensive pretrial publicity threatened the defendant’s ability to get a fair trial. The Court holds that the Sixth Amendment right to a public trial is first and foremost for the benefit of the defendant and does not give the press or public an absolute right to attend criminal trials.

1980 Justices Uphold Right To Attend Criminal Trials

In Richmond Newspapers v. Virginia , the U.S. Supreme Court asserts that the public and the press have a First Amendment right to observe criminal trials. The justices say this right is not absolute, but can be restricted only if the judge decides there are no other means to protect the defendant’s right to a fair trial. The other means include a change of venue, jury sequestration, extensive questioning of potential jurors, trial postponement, emphatic jury instructions, and gag orders on trial participants. The Court says open trials help maintain public confidence in the justice system. In 1984, the Court extends its ruling to jury selection. In Press-Enterprise Co. v. Superior Court of California , the justices rule that the right to attend criminal trials includes the right to attend jury selection.

1982 Court: Press Has Right To Cover All Trials

Globe Newspaper Co. v. Superior Court establishes broad rights of the press to cover trials of all types. In 1979, three teenage girls accused a man of rape. Massachusetts law required that sex-crime trials involving victims 18 and younger be closed. The Globe Newspaper Co. challenged the law, and after a long legal battle, the case reached the U.S. Supreme Court. By that time, the trial was over, but the justices review the case since the issue will likely arise again. The court strikes down the law as too broad and says the circumstances when a courtroom can be closed are limited.

1983 Media Access Limited In Grenada, Panama Invasions

Media access is banned for the first two days when the United States invades Grenada, its first military action since the Vietnam War. Journalists are kept 170 miles away on the island of Barbados. In response to complaints afterward, the Department of Defense National Media Pool is created. The Pentagon agrees to take in this group with the first wave of troops in future military actions. But in the 1989 invasion of Panama, the pool of reporters again is not allowed to cover early fighting.

1988 Court Allows Censorship Of School Publications

In Hazelwood School District v. Kuhlmeier , the U.S. Supreme Court rules that public school administrators can censor speech by students in publications (or activities) that are funded by the school – such as a yearbook, newspaper, play, or art exhibit – if they have a valid educational reason for doing so.

1988 Parody Of Public Figures Ruled Constitutional

In Hustler Magazine v. Falwell , the U.S. Supreme Court applies the “actual malice” standard, saying the First Amendment protects the right to parody public figures, even if the parodies are “outrageous” or inflict severe emotional distress. The case arose from a parody of Campari liqueur ads in which celebrities spoke about their “first time” drinking the liqueur. Jerry Falwell – a well-known conservative minister and political commentator – was the subject of such a parody in Hustler, a sexually explicit magazine. The Court rules that public figures may not be awarded damages for the intentional infliction of emotional distress without showing that false factual statements were made with “actual malice.”

1990 Court Decides Opinion Not Always Protected

In Milkovich v. Lorain Journal Co. , the U.S. Supreme Court decides that the First Amendment does not absolutely protect expressions of opinion from being found libelous. The Court makes a distinction between pure opinion and opinion that implies “an assertion of objective fact” that a plaintiff can prove is false. Chief Justice William H. Rehnquist writes that “loose, figurative or hyperbolic language” is protected because it would “negate the impression” that the writer is making serious accusations based on fact.

1991 Court: Newspapers Can Be Sued For Revealing Source

Cohen v. Cowles Media Co. establishes that newspapers are subject to liability for breach of contract claims when the identity of a confidential source is revealed. During a Minnesota election, political activist Dan Cohen gave reporters court documents about a candidate after they promised him anonymity. In subsequent articles, Cohen was identified as the source of the documents and fired. He sued the two newspapers, alleging fraudulent misrepresentation and breach of contract. The Court rejects the newspapers’ claim to the right to publish Cohen’s name, saying that in this context, the First Amendment offers no special protection.

1991 Media Coverage Limited In Gulf War

The Pentagon imposes rules for media coverage of the war in the Persian Gulf, citing the possibility that some news – including information on downed aircrafts, specific troop numbers, and names of operations – may endanger lives or jeopardize U.S. military strategy. Nine news organizations file a lawsuit questioning the constitutionality of limiting media access to the battleground. But a court rules the question moot when the war ends before the case is decided.

2001 Disclosure Of Illegally Intercepted Communications Protected

In the joined cases of United States v. Vopper and Bartnicki v. Vopper , the U.S. Supreme Court rules that the media cannot be held liable for publishing or broadcasting the illegally intercepted contents of telephone calls or other electronic communications as long as the information is of “public concern” and the media did not participate in the illegal interception.

Related Resources

• Video: Freedom of the Press: New York Times v. United States
• Book: Chapter 7: The Right to Freedom of the Press
• Book: Chapter 15: Freedom of the Press in a Free Society

Freedom of the Press

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Media Protection Laws

What's at stake.

“The press was to serve the governed, not the governors.”

—U.S. Supreme Court Justice Hugo Black in New York Times Co. v. United States (1971)

The freedom of the press, protected by the First Amendment, is critical to a democracy in which the government is accountable to the people. A free media functions as a watchdog that can investigate and report on government wrongdoing. It is also a vibrant marketplace of ideas, a vehicle for ordinary citizens to express themselves and gain exposure to a wide range of information and opinions.

The rise of the national security state and the proliferation of new surveillance technologies have created new challenges to media freedom. The government has launched an unprecedented crackdown on whistleblowers, targeting journalists in order to find their sources. Whistleblowers face prosecution under the World War One-era Espionage Act for leaks to the press in the public interest. And in the face of a growing surveillance apparatus, journalists must go to new lengths to protect sources and, by extension, the public’s right to know.

The ACLU has played a central role in defending the freedom of the press, from our role in the landmark Pentagon Papers case to our defense of whistleblower Edward Snowden and our advocacy for a new media shield law . When press freedom is harmed, it is much harder to hold our government accountable when it missteps or overreaches.

Why Does a Free Press Matter?

How does a free pres

• Students will understand a free press is essential for self-government.
• Students will understand a free press empowers citizens to seek out multiple points of view on issues and make informed choices.
• Students will understand a free press empowers citizens to make informed decisions about candidates for public office.

Expand Materials Materials

Student handouts.

• Handout A: Background Essay – Why Does a Free Press Matter?

Handout B: A Free Press and the Candidates

Handout c: letter from a friend, teacher resources.

• Why Does a Free Press Matter? Answer Key

Expand Warmup Warmup

• Brainstorm key issues in a current or upcoming national election. Keep a list on the board as ideas are generated.
• What is [candidate’s] approach to policy-making?
• What would be the criteria [candidate] would use to appoint or approve Supreme Court justices (Senate/President)?
• What does [candidate] believe should be the federal government’s approach to the economy?
• How did [candidate] conduct himself when he or she was a in a different role in government?
• Decide on the best questions, and have students write them down in the left-hand column of Handout B: A Free Press and the Candidates .
• Note: For this part of the activity, students should all work with the same set of questions.

Expand Activities Activities

• As a class, go to each of the different sources on Handout B and answer each of the questions. As students complete the handout, discuss the differences between the different news sources. Discuss how peoples’ opinions about issues might be different if they only had access to one type of news source.
• Alternate activity : Have students work individually or in pairs to research answers to a single question from all of the sources. For example, have a pair find out the answer to “Where do you stand on the use of drone surveillance of American citizens?” using the candidate’s website, a mainstream media source, a left- and right-of-center blog, and by calling or writing to the candidate’s office. Then have them answer the question, “How would you summarize the differences in the information you received from these various sources?”

Expand Wrap Up Wrap Up

• What does it mean for a candidate to be “vetted” before an election?
• What is the role of a free press in vetting candidates?
• Who else participates in vetting candidates?
• Why is it important to seek out multiple points of view on candidates for public office?
• How would our lives be different if the only information citizens could access from candidates came from the candidates’ campaigns?
• How would our lives be different if the only information citizens could access from candidates – and other matters of public concern – came from official, state-run media?
• How would our lives be different if the only available information about government came from state-run media?
• Can people govern themselves without press freedom?

Expand Homework Homework

• Have students imagine they are explaining press freedom to a friend living in another country where independent news is censored and only state-run media is allowed to exist. They should complete the activity on Handout C: Letter from a Friend .
• What are some differences between a free press and state-run media?
• Should journalists be protected from having to reveal their sources in criminal cases where information is illegally leaked?
• Everyone has the right to speak freely and publish one’s ideas. Is there also a right to receive information? How, if at all, are these concepts different?

Handout A: Why Does a Free Press Matter? (Background Essay)

Next Lesson

Why Are the Rights to Assembly and Petition Important to Liberty?

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The Pentagon Papers

Leaning on Journalists and Targeting Sources, for 50 Years

The Pentagon Papers created a delicate balance of power between the press and the government. Lately, it’s being threatened.

Credit... Photo Illustration by Joan Wong. Photo: Tetra Images, via Getty Images

Supported by

By David E. Sanger

• June 9, 2021

This article is part of a special report on the 50th anniversary of the Pentagon Papers.

The warning, on White House stationery, came from the general counsel to President Donald J. Trump, and the wording was pretty stark.

“We understand that The New York Times may soon print an article regarding the North Korean ballistic missile program,” Donald F. McGahn II wrote to The Times in the opening months of the Trump administration. He acknowledged that there had been extensive discussion of the article with Mr. Trump’s national security advisers and a range of intelligence officials. But, he said, “we remain concerned that the article could include classified information, might harm the national security of the United States, and would come at a particularly sensitive time for U.S.-China relations.”

Mr. McGahn did not explicitly threaten to go to court to stop the article from appearing — at that stage he was asking only for a delay so that H.R. McMaster, newly appointed as Mr. Trump’s national security adviser, could engage in discussions.

But inside the legal department of The Times, there was debate about whether the new president — who had called the press the “enemy of the people” — would try to re-litigate the Pentagon Papers case and slap The Times with prior restraint to prevent publication. Or would he seek to prosecute reporters under the century-old Espionage Act? No one knew.

The Times published the article, an account of a secret electronic warfare program designed by the United States to send North Korean test missiles spinning into the ocean. At the request of intelligence officials, we omitted a few technical details, to avoid compromising other continuing programs.

In the end, the article drew no public condemnation from Mr. Trump, who on that morning was preoccupied with charging — falsely, it turned out — that the Obama administration had tapped his communications during the 2016 election.

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Essay On Freedom Of Press

Introduction: A press is the symbol of a free people. An independent well-informed press is a powerful check on arbitrary governments and irresponsible administrators.

‘Freedom of the press’ or ‘Freedom of the media’ is the principle that communication and expression through various media, including printed and electronic media, especially published materials, should be considered a right to be exercised freely. Such freedom implies the absence of interference from an overreaching state; its preservation may be sought through constitutional or other legal protections.

“ Press freedom is the cornerstone of democratic societies. All States, all nations, are strengthened by information, debate and the exchange of opinions. At a time of growing discourse of mistrust and delegitimization of the press and journalism, it is essential that we guarantee freedom of opinion through the free exchange of ideas and information based on factual truths. ”

— Audrey Azoulay , Director-General of UNESCO , on the occasion of ‘World Press Freedom Day’ .

Meaning: Freedom of the press means to speak about all concerned. Even a general citizen can enjoy this freedom. He may express his opinions and constructive ideas through the newspaper. Freedom of the press does not mean freedom to the news media. It means freedom of all sorts of opinions and writings from all corners.

Freedom of the press is construed as an absence of interference by outside entities, such as a government or religious organization, rather than as a right for authors to have their works published by other people. This idea was famously summarized by the 20th-century American journalist, A. J. Liebling, who wrote, “Freedom of the press is guaranteed only to those who own one”. Freedom of the press gives the printer or publisher exclusive control over what the publisher chooses to publish, including the right to refuse to print anything for any reason.

If the freedom of the press is undervalued books written on religion, politics, sex, etc. may likely be prescribed. Personal art, doctrines, isms are not subject to any moral or immoral barrier. If this happens to them, they will remain at the bottom of people’s oblivion.

Reasons for the freedom of press: Newspapers and journals make a very good contribution to the nation and the land so that they may function well either effectively or efficiently. Hence they deserve freedom in their realm of work within specific ethics. As related and identified with newspapers, the press wields immense power in a democratic country.

Every year, 3 rd May is a date which celebrates the fundamental principles of press freedom, to evaluate press freedom around the world, to defend the media from attacks on their independence and to pay tribute to journalists who have lost their lives in the exercise of their profession. World Press Freedom Day was proclaimed by the UN General Assembly in 1993 following a Recommendation adopted at the twenty-sixth session of UNESCO’s General Conference in 1991. This in turn was a response to a call by African journalists who in 1991 produced the landmark Windhoek Declaration on media pluralism and independence.

Real Freedom: Real freedom of the press can exist only where free people can function freely in a free democracy. It is saved right which should zealously be promoted. The Government owes it to itself to guarantee it from all arbitrary interferences. Editors owe it to the public to maintain an honest attitude in favor of the people against the party or class interest. In an enriched democratic govt. a newspaper is widely free like flying birds in the sky to express and spread public opinion.

The concept of ‘Freedom of Speech’ is often covered by the same laws as ‘Freedom of the Press’, thereby giving equal treatment to spoken and published expression. Sweden was the first country in the world to adopt freedom of the press into its constitution with the Freedom of the Press Act of 1766.

The legislative body can ensure the freedom of the press by preventing any interference. Only the independent-minded editors should be allowed to publish newspapers freely considering the legal rights of the common people. No newspapers should be allowed to publish baseless news, false news, ill-propaganda, influencing news, scurrilous abuse, distorted news etc.

Conclusion: Freedom of the press should be a valued privilege. The govt. should zealously come forward to encourage the newspaper to publish news and views in a free and fair way against any party and class interests.

Information Source:

• ontaheen.com
• en.unesco.org

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Home / Essay Samples / Sociology / Media / The Power and Responsibility of a Free Press

The Power and Responsibility of a Free Press

• Category: Sociology
• Topic: Media , Role of Media

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