Freedom Of The Press
Although freedom of the press is guaranteed in the First Amendment, to what extent that right is protected has been battled in court and debated in public opinion for more than 200 years.
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Often seen as the cornerstone of American press freedom, the successful defense of John Peter Zenger, publisher of the New York Weekly Journal, by illustrious Philadelphia lawyer Andrew Hamilton guarantees the right of the news media to criticize public officials and use truth as a defense against libel.
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Virginia is the final state to ratify the Bill of Rights with the First Amendment to the U.S. Constitution, which ensures that "Congress shall make no law . . . abridging the freedom of speech, or of the press."
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Under the threat of war with France, a Federalist-controlled Congress passes the Sedition Act, which allows a fine of $2,000 and two years in prison for "false, scandalous, and malicious writing" against the government - considered treasonous and a high misdemeanor. Twenty-five people, mostly editors of Republican newspapers, are arrested and their newspapers shut down afterwards.
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Congress adopts and the states ratify the 14th Amendment, which insures that all guarantees in the Bill of Rights - in particular the First Amendment - are applied to all state laws and actions.
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McClure's Magazine expose of the history of John Rockefeller's Standard Oil Company's is considered the beginning of serious investigative journalism and the start of muckraking journalism.
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Newspapers accept voluntary censorship as the United States enters World War I.
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Near hysteria over the possibility of sabotage leads Congress to pass the Espionage Act, which limits freedom of the press to such an extent that not only was censorship exercised against pro-German publications but also against German-language publications and those advocating socialism or pacifism.
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The U.S. Supreme Court, in Near v. Minnesota, rules that prior governmental restraints against publication was suspect under the First Amendment's free press guarantee. The decision doesn't necessarily and absolutely prevent the government from going to a judge to stop the publication of a particular story, but it does make it nearly impossible for it to do so.
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During World War II the Office of Censorship supervises the largest censorship in U.S. history. Compliance is voluntary and was based on the office's suggestion to editors on topics to avoid. Many newspapers and journals cooperate. Congress passes laws banning the publication of any material that could interfere with the war effort or harm national security.
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Criticism by the U.S. press of the nation's involvement in the Vietnam War becomes increasingly widespread. Also during this time, many judges issue gag orders, forbidding the press to publish information that judges thought might violate a defendant's right to a fair trial. The news media argues that gag orders violate the First Amendment.
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The U.S. government attempts to block The New York Times and the Washington Post from printing parts of the Pentagon Papers - classified documents about America's involvement in the Vietnam War. But the U.S. Supreme Court permits their public release, claiming their publications would not harm national security.
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The U.S. Supreme Court ruling in Miller v. California establishes a three-point test for what is considered illegally obscene and unprintable.
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The Nebraska Press Association challenges a Nebraska gag order before the U.S. Supreme Court, which rules that such orders are unconstitutional, except in extraordinary circumstances.
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The Supreme Court rejects appeals from journalists Matthew Cooper and Judith Miller, who'd refused to testify about their sources before a grand jury about the leak of an undercover CIA officer's identity. The justices' intervention had been sought by 34 states and many news groups, asking the court to revisit an issue that it last dealt with more than 30 years ago. Miller is later jailed for not cooperating, while Cooper testifies after securing the approval of his source.
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Credits:
CBS News
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