Freedom of the press is part of the five main freedoms represented in the first amendment of the constitution of the United States. The constitution was ratified in 1791 putting freedom of the press in full development. Since then many cases have evolved with this freedom, and the freedom had some role of developing future amendments and technology in modern day. Freedom of the press had a history even before its ratification, it helped to solve many court cases, and is used throughout modern times. First of all, this is the definition of freedom of the press from lawbrain.com. Freedom of the press guarantees the rights, “to gather, publish, and distribute information and ideas without government restriction or restraint”. Also it is guaranteed that Congress shall make no law abridging the freedom of the press. This means that one can post his own opinions in a newspaper or a magazine and no matter what the story is, unless it does not follow the laws of libel, obscenity, or sedition it is legal to post. There have been many critics that said there is no difference between freedom of speech and freedom of the press. It was a key issue and was not resolved until the late 20th century. According to Chief Justice Warren E. Burger in 1978, there is no difference between freedom of speech and freedom of the press unless; “the courts or the government determine who or what the press is and what activities fall under its special protection”( Burger). The history of the Freedom of the Press leads to the middle 18th century, especially the Stamp Act of 1865 and the events that followed. Samuel Adams, a radical used the colonial press to resist the Stamp Act and repeal it. He succeeded and soon after the Stamp Act was repealed. After ... ... middle of paper ... ...inition, Court Cases, Articles, History - LawBrain." Legal Community | LawBrain - Making Laws Accessible and Interactive. Web. 01 June 2011. . Dictionary.com | Find the Meanings and Definitions of Words at Dictionary.com. Web. 01 June 2011. . Branzburg v. Hayes/ New York Times v. United States/ Schenck v. United States http://www.oyez.org/cases/1970-1979/1971/1971_70_85 / / http://www.oyez.org/cases/1901-1939/1918/1918_437. "First Amendment Resources Freedom of Press History." Free First Amendment and Constitution Day Education Materials. Web. 01 June 2011. . "Sedition Act of 1798." Index. Web. 01 June 2011. .
Web. The Web. The Web. 19 Nov. 2013. Rash, Ron.
“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.”
In the Supreme Court case of the New York Times Co. vs. United States there is a power struggle. This struggle includes the entities of the individual freedoms against the interests of federal government. It is well known that the first amendment protects the freedom of speech, but to what extent does this freedom exist. There have been instances in which speech has been limited; Schenck vs. United States(1919) was the landmark case which instituted such limitations due to circumstances of “clear and present danger”. Many have noted that the press serves as an overseer which both apprehends and guides national agenda. However, if the federal government possessed the ability to censor the press would the government restrain itself? In the case of the Pentagon Papers the necessities of individual freedoms supersedes the scope of the national government.
One key to the first amendment of the United states constitution is the right to free speech. Freedom of speech is what separates America than other countries around the world that forbid freedom of speech rights. Freedom of speech has been in our constitution since the year 1791. When James Madison “the father of the constitution” wrote the bill of rights he saw potential and that it would make the country more freedom filled than other countries. The land of the free is what the United States is nicknamed and it 's because of our rights to express ourselves as freely as we desire.
The authoritarian theory of the press developed in 16th and 17th century England. England lived under a monarchy and the people were never to question the monarchy’s right to rule. Truth and wisdom were reserved for the few divinely appointed authorities. Under the authoritarian state, all people and privately owned operations were to serve the state and the truth as dictated by the wisdom of the monarchy. The authoritarian theory was also influenced by the Roman Catholic Church, which did not allow dissent or true independent thought from its parishioners. Mass media mirrored these societal rules. Privately owned industries were controlled by the state through a system of patents and licenses. The press was also controlled through a patent and license system, preventing it from having full freedom to question the monarchy’s right to rule, though minor dissent about independent issues was allowed. Ultimately, the press’ job was to support the state (the monarchy) without questioning the state’s right to rule, in the same manner that a citizen’s job was to support the state by working in the fields without questioning the state’s right to rule.
After the Revolutionary War in America, many states recommend that free speech be put in the United States Constitution. Nevertheless, freedom of speech was written into the Bill of Rights and was ratified in 1791. A few years after the First Amendment was ratified, the government passed the Sedition Act of 1798. This was to help prevent resistance or rebellion against the government. It also made it illegal to print, write or say “any false, scandalous and malicious” things against the government.
Web. The Web. The Web. 18 Feb. 2014. Neporent, Liz.
... middle of paper ... ... Gonzaga Law Review 33.3 (1998): 653-668. HeinOnline.com -.
Web. The Web. The Web. 07 Mar 2012. Rosenberg, Jennifer.
For Americans the right to speak out is a treasured one. Americans are not hesitant to criticize public officials as important as the president and as commonplace as the garbage collector. A free press, as guaranteed in the First Amendment, plays a watchdog function in a democratic society: bringing people the information they need to exercise independent judgment in electing public officials. A free press is than an important part of a democratic society; it enables the people to make informed choices. However, when interests clash as they often do, when the message is hateful or insulting or embarrassing, when one person's freedom of expression begins to affect the rights of others, it becomes a most difficult right to deliver judgment. The FCC has a very precarious position between violating the First Amendment and protecting the citizens of the United States.
The Web. The Web. 26 Feb. 2014. http://www.merriam-webster.com/dictionary/knowledge>. Shelley, Mary.
The first amendment grants the freedom of the press, speech, and religion. The first amendment also grants that the media is immune from
Whereas “unlimited freedom of the press” is guaranteed as a consequence of the right of man to individual liberty, freedom of the press is totally destroyed, because “freedom of the press should not be permitted when it endangers public liberty.” That is to say, therefore: The right of man to liberty ceases to be a right as soon as it comes into conflict with political life, whereas in theory political life is only the guarantee of human rights, the rights of the individual, and therefore must be abandoned as soon as it comes into contradiction with its aim, with these rights of man.” (Marx & Lederer, 1958)
Web. The Web. The Web. 14 May 2014. Stanley, Jay.
"Dictionary and Thesaurus - Merriam-Webster Online." Dictionary and Thesaurus - Merriam-Webster Online. N.p., n.d. Web. 10 Mar. 2010. .