8.3.7

Understand the functions and responsibilities of a free press.
             Freedom of press, as stated in the First Amendment of the U.S. Constitution, is a right that protects the civil liberties of individuals in the United States. Although the Constitution specifically mentions only the federal Congress, free press now applies to local, state, and federal government. As quoted from Supreme Court Justice Potter Stewart in a 1974 speech, the primary purpose of freedom of press was "to create a fourth institution outside the government as an additional check on the three official branches."
             The Founding Fathers legislated the First Amendment to recognize their new government from England’s. England had censored the press and prosecuted people who criticized the British government. It was one memorable trial, the trial of John Peter Zenger, which established freedom of press in the Bill of Rights. Known as the Zenger Case, its outcome determined an individual right that would be exercised to this very day. In 1735, John Peter Zenger, a printer from Germany, was on trial for publishing accusations against the New York governor, William Cosby. In the previous year, Zenger had published articles in the New York Weekly Journal criticizing the royal governor. Finally Cosby issued a proclamation condemning the newspaper’s "divers scandalous, virulent, false and seditious reflections." Zenger was arrested and charged with seditious libel. After more than eight months in prison, Zenger went to trial, defended by the Philadelphia lawyer, Andrew Hamilton. Hamilton argued directly to the jury, saying truth must be a defense against libel. The jury quickly came to the conclusion that the defendant was not guilty. Zenger was eventually freed from prison, but the significance of this historic case was the greater win – it confirmed freedom of the press in America. After successfully defending Zenger, Hamilton had founded the precedent that a statement, even if calumnious, is not libelous until proven, thus affirming free press for the country.
             Free press serves a great purpose to the citizens, but comes with functions and responsibilities. The main reason why it exists is to keep citizens informed of news or current events. It is central in democratic government, as it helps citizens to make informed decisions. There are four major functions: political, which describes the role of the press in watching the doings of the government; educational, which concentrates on the provision of a "marketplace of ideas"; mirroring, which helps people to understand "what we are as a people … and what we may become"; and the bulletin board, which provides basic information about daily life. People disagree over the purpose of the press. The liberal majority believe that the role of the press is to present all ideas, no matter how defamatory, in order to educate the public on civic issues. Conservatives, however, think that the media should uphold community standards.
             As most things do, the media comes with certain responsibilities. The Supreme Court has defined press responsibility mainly in terms of truth telling and stewardship. The canon of truth telling provided some of the examples of the Court’s expectations of the media. The Court did not permit the media to willingly misrepresent factual information if it harmed an individual, or cannot knowingly lie. Also, the justices disapproved of any kind of inaccurate information. Stewardship had three main meanings: the media were expected to demonstrate a minimum standard of behavior, protect the rights of others by acting as a guardian for the public (which included acting responsibly to protect the First Amendment for themselves and for society), and lastly, to act as trustee of the airwaves. Basically, the media has two levels of responsibility: moral and legal. In broadcast media, broadcasters must uphold certain obligations specified by Congress to retain their licenses. This included selling time, presenting issues fairly, and protecting public resources. They are also required to provide a right of reply under certain circumstances.
             The First Amendment entitles the press many rights. It prevents the government from telling the press what it must report. Though the press must follow generally applicable laws, the government cannot enforce laws that discriminate against the press or restrain or punish the press. However, the First Amendment usually does not require the government to provide information to the press. Rights, responsibilities, and viewpoints of the press are still debated today. Hopefully, the Supreme Court will continue to
realize that, as Justice Stewart wrote in the Pentagon Papers case, "without an informed and free press there cannot be an enlightened people."


More Information:

   1.    http://earlyamerica.com/earlyamerica/bookmarks/zenger/index.html
          The Zenger Case is told in this site. It shows the significance of the outcome, and how it provided a basis for the right of a free press.

   2.    http://historyproject.ucdavis.edu/cts/standarddetail.php?StandardID=8.3
          This site lists all the Standards questions of section 8.3 and email addresses of professors/teachers/educators in that area of expertise. Additional resources, such as books and lessons, are also listed to help you answer the questions, along with the grade level and availability.

   3.    http://www.questia.com/PageManagerHTMLMediator.qst?action=openPageViewer&docld =28956683
          This site, Questia – Online Library, is just a preview of the book, Rights vs. Responsibilities: The Supreme Court and the Media. It gives a brief overview   of the functions and responsibilities of the media. To read the detailed explanation, you must acquire the book.

   4.    http://usinfo.state.gov/journals/itdhr/0297/ijde/goodale.htm
          This site talks about the First Amendment and freedom of the press. By reviewing past Supreme Court cases, it tells how the First Amendment plays a major role in a free press.

   5.    http://www.iwosc.org/mwolf.htm
          This is another site that thoroughly explains the Zenger Case. It describes what happened to John Peter Zenger and the whole situation in detail, and tells a little about freedom of the press.


Recommended Books:

   1.    Democracy in America
          by Alexis De Tocqueville