Freedom of the Press

Freedom of the Press – liberty to print or to otherwise disseminate information, as in print, by broadcasting, or through electronic media, without prior restraints such as licensing requirements or content review and without subsequent punishment for what is said. Freedom of the press or freedom of the media is the freedom of communication and expression through mediums including various electronic media and published materials. While such freedom mostly implies the absence of interference from an overreaching state, its preservation may be sought through constitutional or other legal protections.With respect to governmental information, any government may distinguish which materials are public or protected from disclosure to the public based on classification of information as sensitive, classified or secret and being otherwise protected from disclosure due to relevance of the information to protecting the national interest. Many governments are also subject to sunshine laws or freedom of information legislation that are used to define the ambit of national interest. Freedom of the press, which has been limited not only by governments but at times by churches, is bsolute in no country.In modern democracies it is rarely attacked by overt forms of censorship but is often compromised by governments' ability to withhold information, by self-censorship in reaction to various pressures, by selective government â€Å"leaking† of information or disinformation, and by other factors. In the United States, freedom of the press and the broader freedom of speech are protected by the First Amendment to the Constitution and are considered fundamental rights of the people. In practice, though, some kinds of speech and publication (e. g. bscenity or violations of copyright) are considered outside the amendment's purview, and others, like commercial speech (advertising or product claims), receive a reduced level of protection. In addition, broadcasters are subjec t to government licensing requirements. The protections to be afforded users of on-line computer services, the Internet, and other new means of publication are the focus of a developing debate; in 1996 a federal district court panel struck down the new Communications Decency Act, holding that Internet communications were entitled to he same degree of protection as printed communications.History Historically, restriction of the press has occurred in two ways. The first may be either censorship or mandatory licensing by the government in advance of publication; the second is punishment for printed material, especially that considered by the government to be seditious libel. Censorship of the press began not long after the invention of the printing press. Pope Alexander VI issued (1501) a notice requiring printers to submit copy to church authorities before publication, in order to prevent heresy.Penalties for bypassing the censors included fines and excommunication. Key Principles -Pu blishing was liberalized, with the law requiring only that publishers present their names to the authorities and deposit two copies of every work. -The authorities were ene the power to suppress newspapers. -This nad previously enabled prosecutions of critics of the government, monarchy and church, or of those who argued for controversial ideas on property rights. The scope of libel was severely reduced, with the criteria for defamation being much more tightly defined -A limited umber of â€Å"press offences† was retained, including outraging public morals, and insulting high-ranking public officials including the President of the Republic, heads of foreign states and ambassadors. Scope -It applies to statements made publicly, whether through oral or printed means. -In recent years, French courts have repeatedly ruled that the law also applies to defamatory content communicated via the World Wide Web.Defenses -Truth of the defamatory statement is available as a defense in mos t libel cases other than those concerning the privacy of the plaintiff. Where privacy is infringed, truth is not an absolute defense, though some latitude is permitted if the plaintiff is a public figure. – A plea of good faith is permitted by the courts in circumstances where the issues at stake concern matters of public interest. A defendant may be acquitted on that basis if the court is satisfied that the defendant has carried out at least a basic verification of the source of the information on which the defamatory statement is based.The Universal Declaration of Human Rights states: â€Å"Everyone has the right to freedom of opinion and expression; this right includes reedom to hold opinions without interference, and impart information and ideas through any media regardless of frontiers† This philosophy is usually accompanied by legislation ensuring various degrees of freedom of scientific research (known as scientific freedom), publishing, press and printing the d epth to which these laws are entrenched in a country's legal system can go as far down as its constitution.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. Freedom of the Press CONSTITUTIONAL GUARANTEETeodoro, et al on the book Freedom Of Expression And The Media In The Philippines Chapter I: History of Freedom of the Press demonstrated how the commitment to free speech and expression, the right to information and press freedom, with which the leaders of both the 19th century Philippine Reform Movement and the 1896 Revolution were familiar, was continued in the Malolos Constitution of the First Philippine Republic, this was nearly 115 years ago. These provisions did not only survived, but were expanded, in the country's subsequent Constitutions. The freedom of speech and expression, the right to information and press freedom were guaranteed in the Philippine Constitution as follows: The Malolos constitution guaranteed that no Filipino would be deprived of â€Å"the right to freely express his ideas or opinions, orally or in writing, through the use of press and similar means†.The guarantee of the 1987 Constitution in Section 4, Article 3 (Bill of Rig hts) which says that â€Å"No law shall be passed abridging the freedom of speech, of expression, or of the press or the right of the people peaceably to assemble and petition the government for redress of grievances.† Section 7 also states that â€Å"the right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents, and papers pertaining to official acts, transactions or decisions, as well as to government research data used as basis for policy development shall be afforded to the citizen, subject to such limitations as may be provided by law† Another relevant provision is on Section 28, Article 2 which says that â€Å"subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest.† In the same article, section 24, the constitution also says that â€Å"the State recognizes the vital role o f communication in nation building.†PRESS FREEDOM (PLUS RIGHT TO INFORMATION) EQUALS TO FREEDOM OF SPEECH AND EXPRESSIONClearly, you cannot talk about freedom of the press without mentioning the freedom of speech and expression and the right to  information. In an article on Human Rights Issues in Criminal Justice, it stated that â€Å"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.† Most have concluded that freedom of the press derives from freedom of speech.According to Chief Justice Warren E. Burger of the United States Supreme Court, conferring special status on the press requires that the courts or the government determine who or what the press is and what activities fall under its special protection. Burger further concluded that the free speech guarantees of the First Amendment (of the US Constitution) adequately ensure freedom of the press, and that t here is no need to distinguish between the two rights, simply â€Å"Because the First Amendment was meant to guarantee freedom to express and communicate ideas, I can see no difference between the right of those who seek to disseminate ideas by way of a newspaper and those who give lectures or speeches and seek to enlarge the audience by publication and wide dissemination.†IMPORTANCE OF EXERCISING FREEDOM OF SPEECH AND EXPRESSION, RIGHT TO INFORMATION AND PRESS FREEDOM TO THE FULLEST EXTENTWith relation to guarantees or assurances in the constitution, it is therefore essential that these freedom, the people of the Republic of Philippines enjoy must be exercised to the fullest extent as provided by the Philippine Constitution for the following benefits: 1. Individual’s unlimited access to the ideas of his fellow men in â€Å"a free and open encounter†. John Milton’s (an English civil servant for the Commonwealth of England under Oliver Cromwell) central ar gument was that â€Å"the individual is capable of using reason and distinguishing right from wrong, good from bad†, and that to be able to fully exercise this ration right is that â€Å"he must have unlimited access to the ideas of his fellow men in ‘a free and open encounter’†. It is in Milton’s pamphlet Areopagitica and other writings that the concept of the â€Å"open marketplace of ideas† was developed. This is the idea that when people argue against each other, the good arguments will prevail resulting to good judgment and decisions.2. Well-being of the society and its creation to becoming a good society. According to John Stuart Mill (an English philosopher, political economist  and civil servant) with his 19th century utilitarian viewpoint that â€Å"a good society is one in which the greatest number of persons enjoy the greatest possible amount of happiness†. And that attaining this amount of happiness is â€Å"to apply the general principles of liberty to freedom of expression†. Mill further stated that â€Å"if we silence an opinion, we may silence the truth†.As expressed in his book On Liberty: â€Å"If all mankind minus one, were of one opinion, and one, and only one person were of the contrary opinion, mankind would be no more justified in silencing that one person, than he, if he had the power, would be justified in silencing mankind†. In the words of the Committee to Protect Journalist: â€Å"Without a free press, few human rights are attainable. A strong press freedom environment encourages the growth of a robust civil society, which leads to stable, sustainable democracies and healthy social, political, and economic development.†3. Attainment of information from a diversity of sources, Decision making, and communication to the government. Rather than having the government establish and dictate the truth, freedom of speech enables the truth to emerge from diverse opi nions. Concurring in Whitney v. California (1927), Justice Louis Brandeis wrote that â€Å"freedom to think as you will and to speak as you think are means indispensable to the discovery and spread of political truth.†4. Facilitation of Majority Rule.On a communal level, it is through talking and gathering information that we encourage consensus, that we form a collective will. Whether the answers we reach are wise or foolish, free speech helps us ensure that the answers usually conform to what most people think. As stated by the World Association of Newspapers: â€Å"We have seen repeatedly throughout the world, that censorship and control of information serves the interest of a privileged few; the rule of law is negatively affected, human rights ignored and impunity and corruption unchecked. In contrast, a free, diverse and responsible media promotes transparency and accountability, informs public debate and helps to ensure governments address the concerns and aspirations of all citizens.†5. Improvement of the Means of Participation.On an individual level, speech and gathering information is the vehicle through which individuals debate the issues of the day, cast their votes, and actively join in the processes of decision-making that shape the polity. Free speech serves the individual’s right to join the political fray, to stand up and be counted, to be an active player in the democracy and not just a passive spectator.6. Embrace of the aspect of individualismIn the words of Justice Thurgood Marshall in the 1974 case Procunier v. Martinez, â€Å"The First Amendment serves not only the needs of the polity but also those of the human spirit – a spirit that demands self-expression.† Freedom of speech is the right to defiantly, robustly and irreverently speak one’s mind just because it is one’s mind. Freedom of speech is thus bonded in special and unique ways to the human capacity to think, imagine and create. Con science and consciousness are the sacred precincts of mind and soul.Freedom of speech is intimately linked to freedom of thought, to that central capacity to reason and wonder, hope and believe, that largely defines our humanity. (NOTE: The US First Amendment states that â€Å"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.†)WITH GREAT POWER COMES GREAT RESPONSIBILITYOn a recent article on lincoln.edu about â€Å"Freedom of the Speech and Freedom of Press† it stated that â€Å"the freedom of the press, like freedom of speech, is not absolute. Notwithstanding the limitations placed on it, the press exercises enormous power and influence, and is burdened with commensurate responsibility†. Because journalists generally have access to more infor mation than does the average individual, they serve as the eyes, ears, and voice of the public. Some legal scholars even argue that the press is an important force in the democratic system of checks and balances. The job of a free press, the article added; is to â€Å"keep an eye on the government†, to make sure it stays â€Å"honest and responsive† to the people of the country.A  free press also has an important role in government. Sometimes called the â€Å"Fourth Branch of Government† (as well as the President, Congress and the Supreme Court) the press does not simply report events. Teodoro, et al. further stated that the press and media have â€Å"had an increasingly influential impact on public policy, governmental decisions and popular attitudes†. And by all means, I’ll end with: FREEDOM CAN ONLY SURVIVE IN A SOCIETY THAT DEMANDS IT! THOSE WHO STAY SILENT WILL FOREVER BE HAUNTED BY ITS GHOST THAT FADES IN THE LIGHT OF FEAR AND BLIND CONFORM ITY. Freedom of the Press Our most important amendment , The First Amendment allows we the people to voice our opinions, obtain and publish information and opinions without the fear of government retribution. Infringing on freedom of the press is included in America’s greatest amendment. Although freedom of the press allows an endless amount of information abroad, It also allows for the use of propaganda. Freedom of the Press doesn't protect slander.When Freedom of the Press was added, it was to ensure that the government wouldn't censor the people’s opinions in newspapers and to expose schemes and information that some people might want hidden. Framers also wanted to sure Americans could continue to make informed decisions on how their nation is run. Without freedom of the press, the government could have also limited who could be a journalist , as well as be the only organization allowed to make newspapers. The only information that cannot be obtained through the media is information that is o bscene or classified because it could compromise the very future of America. Information that cannot be leaked are things like nuclear secrets.Most nations protects its best national interest by making sure classified information is not spread to those that could take advantage. Most of us use our freedom of the press right and we don't even know. Everytime you go on the internet to look something up. If the internet was made before the first amendment it would probably be censored and regulated by the government more harshly than it already is. The government doesn't care about opinions posted but it mostly removes copyrighted materials and illegal activities. Propaganda ensures the people only get the information the government wants them to have.The government often uses propaganda in harsh times, like times of war to get the people to help support the war effort. Freedom of the press can be abused ensure that everybody thinks in the way the government wants, all forms of informa tion were controlled. Otherwise, the government leaders could be voted against and administration. Before the internet, it was easier for the government to use propaganda but with the internet they would have to go through a lot more censoring. Although freedom of the press  doesn't protect slander, that doesn't mean false information cannot get printed in the newspaper.Peoples reputation could be damaged and once false information is printed in a newspaper, it can't be taken out of the people’s minds. Journalists can just tell half of a story and no one would be able to go against him or speak out In the court case People v. Croswell that happened in 1804, Harry Croswell was convicted for printing a story critiquing President Thomas Jefferson in his newspaper. His defense was that what he printed was the truth. You can't be retributed for acknowledging the truth. If Croswell made false accusations against the president, he would have been sentenced for slander, it is not o k to lie on a persons reputation.Freedom of the press expanded more than framers could have ever imagined, its literal meaning ended up adapting to new forms of media as needed. The Framers never expected that it could end up protecting rights on the internet. Because of the Lovell v. City of Griffin case in 1938 the freedom of the press right has been extended to media including newspapers, books, plays, movies, and video games. On May 16th of 2013 the Senate Judiciary proposed a new bill in the Senate, S.987, euphemistically titled, â€Å"Free Flow of Information Act of 2013.† The bill was an attempt to change who can be considered a journalist by not allowing citizen journalists to voice their opinions in the press. journalists would have had to be hired by the government which would have lowered current protection in the first Amendment.I appreciate the Freedom of the press and i am glad that it has Freedom of the Press, along with the other Freedoms that it protects. Fre edom of the press isnt perfect, as seen in World War II when both sides used propaganda to get their point across, America used posters to influence people to buy war bonds, and get men to want to join the army, while Germany engaged in propaganda Hitler took over the press, he spread lies blaming Jews for all of Germany's problems. Even Though freedom of the press isnt perfect, i still appreciate one of our greatest freedoms, without it we would be living a censored life.