6. “The thing I missed most was
information … free uncensored,
undistorted, abundant information.”
DURING HIS 5 ½ YEARS AS A PRISONER OF WAR…
Humans need information
7. The appetite for news
is in our “DNA”
Alert me
Connect me
Divert me
15. The Power of Misinformation
“It found truth astir
on earth and gave it
wings; but untruth
also was abroad,
and it was supplied
with a double pair of
wings.”
16.
17.
18. How do we begin to tell the difference between
facts and misinformation?
Between errors and intentional deception?
38. “…when truth and error have fair play, the
former is always an overmatch for the
latter.”
− Benjamin Franklin
Why a free press?
Consent of the governed
Sovereignty of the people
-- John Locke
39. "I deplore the putrid state
into which our newspapers
have passed…It is however
an evil for which there is no
remedy, our liberty depends
on the freedom of the
press, and that cannot be
limited without being lost."
---ThomasJefferson,1786
The Founders understood the power
of information, for good and ill
41. 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 to peaceably
assemble,
and to petition the Government for
a redress of grievances.”
42. 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 to peaceably
assemble,
and to petition the Government for
a redress of grievances.”
43. The Alien and Sedition Acts of 1798 made it a
crime to criticize President John Adams
Freedom of the Press: A Contested Right
44. Freedom of the Press: A Contested Right
Censorship of abolitionist literature during the antebellum period
45. Freedom of the Press: A Contested Right
Restriction of antiwar speech
46. 1931: Near v. Minnesota
A Contested Right: What is press freedom?
47. Government
(including the courts)
cannot stop something
from being published or
broadcast
EXCEPT intworareinstances
No prior restraint
But, the free press can face
consequences … later.
48. What if news reports are
false and defamatory?
Those who are slandered or libeled
sue news outlets in civil court.
Slander is
spoken. In print,
it's libel.
49. XXXception #1
Obscenity
No prior restraint: The rare exceptions
Miller v. California, 1973
Community standards of prurience
Patently offensive depiction of
sexual conduct
Lacks serious literary, artistic,
political or scientific value
51. The “Pentagon Papers” case
New York Times Co.
v. The United States
Newspapers publish top secret files
Justice Potter Stewart:
“the only effective restraint upon executive
policy and power … may lie … in an informed
and critical public opinion which alone can here
protect the values of democratic government.”