OPINION:
Protecting Freedom of the Press
“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”. Wikipedia
By D.S. Mitchell, Jones William & David Shadrick
Bill Of Rights
The “right of the public to know” is among the fundamental principles of the American ideology. Freedom of the press is that guarantee. Citizens in colonial times were allowed to print or say anything they wanted without censorship. Sounds like freedom of the press. The government, however, could then prosecute you for what you said using the Seditious Libel law as their basis. The British government appointed Colonial officials to govern the English colonies. Those “colonial officials” made it common practice to punish the press for what they found inflammatory or negative to the crown. As friction grew and colonists increased resistance to British rule more than 1200 cases were brought against colonists for speaking their mind publicly, or in the press. Freedom of the press did not exist.
Madison Steps Up
After winning the Revolutionary war, the framer’s of the proposed Constitution met to define what free speech and other basic freedoms would actually be under United States law. James Madison was assigned the task. His ideals would form the first ten amendments of the Constitution. British restrictions and unfair laws were still fresh in Madison’s mind. He had a core principle belief in freedom of the press and access to information. A government that allowed for an unrestrained and healthy flow of information must be guaranteed.
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.” That protection guaranteed by the First Amendment of the constitution meant that every American, poor or rich, regardless of religious or political belief could say or publish anything he or she wished without control by the federal government. Madison had protected free speech and freedom of the press.
Publish At Your Own Risk
In the early days, the media consisted of printing presses, pamphlets, newspapers and books. Today, it also includes magazines, radio, films, television, video and the internet. Therefore, the press means any news functioning in any media. Essentially, the free media is a watchdog to inquire and report on government misconduct. It also is a spirited marketplace of ideas, a channel for common citizens to express themselves and gain knowledge on a range of opinions and information. There is an undisputed right to put what sentiments that pleases an individual before the public. That is freedom of the press. If a person publishes what is later deemed mischievous, illegal, improper, or “secret” he will be subjected to the consequences of his foolish audacity, and a free speech defense is worthless.
Whistleblowers
Despite America’s pride in our constitution and our guarantees for the freedom of speech and the press, the press is under serious attack. “The first amendment is a safety valve of our democracy” states Trevor Timm, US free press advocate. Timm complains that the laws protecting our freedom of the press are facing increased legal challenges by the government.
Whistleblowers Prosecuted as Spies!
In an effort to suppress the freedom of the press, the US government in recent years has zeroed in legally against journalists’ sources. The government is prosecuting whistleblowers under the Espionage Act of 1917. Congress passed The Espionage Act during WWI to stop the disclosure and subordination of military secrets to foreigners. Only one government whistleblower was prosecuted under this law between 1917-2009. From 2009 until 2016, Obama’s government used the Espionage Act of 1917 to prosecute eight whistleblowers, including Edward Snowden and Bradley (Chelsea) Manning.
Defending First Amendment Rights
The freedom of speech/freedom of the press is not absolute. Freedom of the press must always be balanced against other contending interests, particularly those considered secret. Sadly, the government wants to shield more and more information from scrutiny by designating it “secret”.
Trials and Tribulations
The First Amendment gives the press and the public affirmative entitlement of access to many government proceedings. A decision in Richmond Newspapers, Inc, v. Virginia, established that First Amendment not only guards the freedom of the press, but also invests the public and the press with liberty to attend judicial proceedings and criminal trials. However, it is worth noting that not all media are ‘’created equal’’ when it comes to the right to the protection of the First Amendment press clause. Most importantly, due to a perceived shortage of the electromagnetic spectrum, the Supreme Court held that Congress and Federal Communications Commission have the authority to control the activities of every broadcaster functioning over public airwaves in a way violating the First Amendment, if applied to newspapers.
Trump Administration
Pundits predict that Trump’s Justice Department will move aggressively against leakers and ‘inside sources’. The tool of the prosecution will be the 1917 Espionage Act. The American Civil Liberties Union (ACLU) has challenged the Espionage Act in court on constitutional grounds. The organization further argues that the Espionage Act hamstrings an attorney’s ability to present a vigorous defense for the client, because they must prove why the leaked information is in the public interest. For that reason, the sources are less likely to give journalists “classified” information for fear of jail, hence jeopardizing the freedom of the press.
The Presidential Bully Pulpit
If you are like me, you have heard Donald Trump scream “fake news” at least a thousand times at a variety of venues. The term ‘fake news’ is an insult. Trump uses it to diminish the esteem of the constitutionally protected reporters and publishers in the view of the public. Certainly Trump’s intention is to impede the press in its continuing attempt to protect the public. The freedom of the press is actually one of the last mechanisms that the public has to force responsibility on the government. But if the public is made to believe that the messenger cannot be trusted, then they won’t believe publications about corruption or illegal activities by that same government. Trump has intentionally attempted to damage the trust bond between the fourth estate and the public.
Leakers And Journalists
Trump is running a-scandal-an-hour administration. He has a big investment in diminishing the importance of corruption stories. In an effort to sabotage freedom of the press he labels credible news channels as ‘’fake news’’ and even threatens “leakers” and journalists with lawsuits.
Perception
Politics is sharply dividing the nation on the perception of the press. A person’s perception likely depends on their political party of choice. But inciting crowds and threatening journalists at Trump rallies is dangerous. In trying to limit freedom of the press a bomber influenced by Trump and a regular rally attendee mailed bombs to high-ranking Democrats around the country.
Danger of Retaliation
Trump’s inflammatory rhetoric creates dangerous situations for the press covering his campaign rallies. Trump transmits energy to his followers. When Trump is angry, troubled and agitated his supporters pick up on the angry energy. That’s when you see his supporters turn this transmitted anger at the reporters covering the event. The crowd turns up the insults and catcalls at the reporters. Journalists report increasing harassment, both in person and online. Online trolling, including abhorrent verbal harassment are becoming common. Death threats are increasing. It is possible to imagine losing the freedom of the press by default.
Scary Thinking
Donald Trump has often pitched the idea of putting news reporters in jail for writing stories that he finds unflattering. Trump brought up the subject with former FBI director, James Comey. Comey documented the interaction in several memos written in 2017. The memo’s show Trump had bristled over troubling leaks surrounding his campaign, his presidential transition and, later, his administration — which often led to news articles that he found unflattering. In one memo Comey related a Trump conversation in which Trump suggested “it may involve putting reporters in jail”. Freedom of the press appears to be in the crosshairs of a rogue president.
World Press Freedom Index
Recently, the argument between Trump and former FBI director Comey about jailing journalists made headlines. It is becoming increasingly clear that Trump plans on gagging an industry that pushes back against the corruption of his administration. The World Press Freedom Index rated the United States 45 out 180 nations for freedom of the press. Reporters Without Borders believe that Jamaica, South Africa and Ghana have greater freedom of the press than the US. In a country where freedom of the press is enshrined in our most precious founding documents it is shocking to place 45th in freedom of the press survey.
The Future
Despite the increasing challenges, freedom of the press must be protected. Forty-fifth behind countries with greater freedom of the press than the United States is unacceptable. The war against the freedom of the press is part of the war against our most basic freedoms.
ACLU Opinion
The ACLU believes freedom of the press is an essential pillar of democracy. “Protecting free speech means protecting a free press, the democratic process, diversity of thought, and so much more,” states the ACLU. Whether we like it or not, the ACLU will protect the rights of the neo-nazi’s to speak as well as the LGBTQ. It is the freedom of speech and press that must be protected in the courts.
Stay Informed
The press must continue keeping the public informed about and not kowtow to any government, regardless of the party they are part of. Let no one take free speech for granted. Criticizing Russian President Vladimir has resulted in dead and missing reporters. We must act. Uncontrolled autocratic governments kill their opposition. We can’t wait for American journalists to be arrested, or killed by our government, before we protest the shrinking freedom of the press. We as a democracy are only as free as our press.
