Legal Aspects of News Gathering in War

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The legal aspect of newsgathering in war is a hotly debated topic. Propaganda can be both positive and negative. Throughout history, newsgathering at a time of war has been a very sensitive issue. The way that war is portrayed by the media has an immense effect on citizen's morale and the attitude of nations. Journalists are often confronted with the ethical and moral dilemmas of producing accurate, yet interesting stories. They must be responsible with their reporting, but at the same time keep the public interest high in order to be successful. It is suspected the propaganda has been around as long as freedom of expression. One of the earliest and most famous cases in which the media was used to shape the ways in which war itself is waged and perceived was William Randolph Hearst's use of his New York Examiner as propagation of the Spanish-American War in 1898. He wrote lavish editorials taunting the U.S. government to prove its strength in the face of Spanish actions in Cuba. He sent a reporter to stage a media event to advocate public support of the war. He staged a rescue of a woman to bring her to New York City where she embarked on a speaking tour to tell of fabricated stories of rape, kidnapping, and torture at the hands of the Spanish government in Cuba. Although the press has certain unrestrained rights, they are not allowed on military bases or battlefields because these are not public forums. (Hopkins, 405). This law was enacted from the case of the United States v. Albertini, 472 U.S. 675 (1987). The defendant, Albertini, was protesting on a naval base and was arrested. The Supreme Court ruled that the First Amendment right to free speech did not grant the public access on military bases. Before... ... middle of paper ... ...e Gulf War. Chicago: The University of Chicago Press. 6. Rabinovitz, Lauren, & Jeffords, Susan. (1994). Seeing Through The Media: The Persian Gulf War. Boston: South End Press. 7. Seib, Phillip. (2002). The Global Journalist: News and Conscience in a World of Conflict. Lanham: Oxford Press. 8. Seo, Hyeon-Ji. (2002). Media Coverage of the War Against Terrorism. Retrieved October 19, 2004, Retrieved from http://www.aim.org/publications/briefings/2002/18feb2002.html. Sobel, Lester A. (1981). Media Controversies. New York: Facts on File, Inc. Steele, Richard W. (1985). Propaganda in an Open Society. West Port: Greenwood Press. 11. Taylor, Philip M. (1998). War and the Media. New York: St. Martin's Press, Inc.

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