1. Chapter 38 Freedom of the Press

2. Censorship defined: 1.The denial of freedom of speech or freedom of the press 2.The process of examining publications or films for material that the government considers harmful or objectionable

3. Freedom of the Press 1966: US Supreme Ct said that “justice cannot survive behind walls of silence”1966: US Supreme Ct said that “justice cannot survive behind walls of silence” Broad freedoms granted to press are necessary to the establishment of a strong, independent pressBroad freedoms granted to press are necessary to the establishment of a strong, independent press The press is sometimes called the “Fourth Branch of the Government”The press is sometimes called the “Fourth Branch of the Government” Freedom sometimes clashes with right to fair trial or right to privacy (gag orders)Freedom sometimes clashes with right to fair trial or right to privacy (gag orders)

4. Prohibiting Publication Conflict between 2 important rights:Conflict between 2 important rights: Free Press & Fair Trial What steps can be taken instead of Gag Orders?What steps can be taken instead of Gag Orders? –Postponing trial till later date, moving trial to another county, questioning potential jurors, careful instructions to the jury about weighing evidence

5. Prior Restraint Defined: any effort to censor a publication before it goes to pressDefined: any effort to censor a publication before it goes to press Attempts to censor publications before they go to press are presumed unconstitutional EXCEPT:Attempts to censor publications before they go to press are presumed unconstitutional EXCEPT: 1.Publication would cause certain, serious & irreparable harm 2.No lesser means would prevent the harm 3.The prior restraint would be effective in avoiding the harm

6. Denying the Press Access to Information Denial of public access to certain informationDenial of public access to certain information Arguments:Arguments: –Pro: denying access to information does NOT violate the rights of the press –Con: freedom of the press implies a right to obtain information

7. FOIA Freedom of Information Act (FOIA) of 1966: Law requires federal agencies to release information in their files to the publicFreedom of Information Act (FOIA) of 1966: Law requires federal agencies to release information in their files to the public Applies to Federal Government ONLYApplies to Federal Government ONLY Exceptions: Information affecting national defense or foreign policy, personnel and medical files, trade secrets, investigatory records and other confidential informationExceptions: Information affecting national defense or foreign policy, personnel and medical files, trade secrets, investigatory records and other confidential information

8. FOIA Purpose To allow citizens to learn about the business of governmentTo allow citizens to learn about the business of government Federal agencies must respond within 20 daysFederal agencies must respond within 20 days Agencies that refuse to release unpriveleged information may be sued in Federal CourtAgencies that refuse to release unpriveleged information may be sued in Federal Court Time of War issues: Real time reporting versus divulging document informationTime of War issues: Real time reporting versus divulging document information

9. Requiring the Press to Disclose Information Government & Press sometimes disagree over the extent to which the 1 st Amendment protects a reporter’s sources of informationGovernment & Press sometimes disagree over the extent to which the 1 st Amendment protects a reporter’s sources of information Confidential Informants: If people thought they would be identified then they might be less likely to give journalists this informationConfidential Informants: If people thought they would be identified then they might be less likely to give journalists this information Shield Laws: passed in some states that give journalists the PRIVELEGE to without source informationShield Laws: passed in some states that give journalists the PRIVELEGE to without source information