Written by: Maya Sharma
The U.S.A. is regarded as a ‘free country’, but what does that really mean? The government has control over the media – but how much? control does it actually have over these things? There are a lot of things you can’t say on the television or print in a newspaper, either because they’re harmful or biased, and there are a number of government agencies that exist to place limits on the media and to make sure that we have access to information. After over 50 years of the U.S Supreme Court rulings – we finally know what we can and can’t do; what we can and can’t watch.
The First Amendment & Newspapers
One of the aspects of the First Amendment is the freedom of the press. The Founding Fathers decided on this because they knew that without a free press, Americans would be less able to make political decisions; they couldn’t see others’ opinions, etc.
Television and Live Broadcasting
According to the fcc.gov “The FCC is prohibited by law from engaging in censorship or infringing on First Amendment rights of the press. It is, however, illegal for broadcasters to intentionally distort the news, and the FCC may act on complaints if there is documented evidence from people..”
The Children’s Internet Protection Act
The Children’s Internet Protection Act (CIPA) was created by Congress in 2000 to address concerns about children’s access to harmful content over the Internet.
There was also an act like this which failed – it was supposed to ban inappropriate TV channels and movies after ‘family-time’ – 10:00 p.m.
Important Supreme Court Cases
Near v. Minnesota
Jay Near regularly criticized elected officials and accused them of dishonesty – mostly Jewish people. He asserted that they were taking bribes, and being incompetent. He was eventually stopped because of the Minnesota law. The Court struck down a state law allowing prior restraint (government censorship in advance) as unconstitutional.
New York Times Co. v. Sullivan
The Court held that the First Amendment protects the publication of all statements about the conduct of public officials unless they’re made with actual malice, or knowledge that they’re false or reckless. The Court dismissed Sullivan’s case and established that publicly elected officials must prove an actual intent to harm in cases of libel or defamation.
The New York Times Co. vs. United States
During the Vietnam War, the New York Times had a copy of an internal Defense Department report that detailed government discussions about the war, (now famously known as the Pentagon Papers). The NYTs said that if the government didn’t allow them to publish it, they would be infringing the First Amendment. The court ruled in the NYT’s favor.
I hope that you now know a little bit more about the Freedom of Press (the 1st amendment) and the connection between politics and media.
Maya Sharma 