Freedom of the Press

Extra, Extra!

Freedom of the Press

• Guaranteed under the 1st amendment

• Why is freedom of the press important?

• To prevent tyranny. “Justice cannot survive behind walls of silence”

Prior Restraint

• Censorship before publication• Allowed only if..

1. publication would cause certain, serious, and irreparable harm

2. no lesser means would prevent the harm

3. the prior restraint would be effective in preventing the harm

Freedom of Information Act (FOIA)• Passed in 1966• Requires federal agencies to release

records in files to the public• Unless records fall under one of the special

exceptions• They include: info about national defense,

foreign policy, personnel & medical files, trade secrets, investigatory history, other confidential info.

• Federal agencies must respond to written requests for information within 20 days

Qualified Privilege

• Journalist may request this.• It would allow them not to reveal the

source for their story.• Some states have passed shield laws

to protect journalist, but not all.• Sources are not necessarily legally

protected.

Questions

• Are the following forms news or not?• Should they be protected?

Paparazzi

Freedom of Expression

• Did you know.. That you do not have the same rights on

• a street corner • as you do in a • school• military base • or prison

Hey good looki

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Tinker vs. Des Moines

• See Student Armbands case• Supreme Court decided that freedom

of expression “does not end at the schoolhouse door”

• Speech can only be restricted when it “materially and substantially disrupts” the educational process

Hazelwood v. Kuhlmeir (1988)

• Supreme Court decided that a school CAN censor a school newspaper

• If they can show that the message is inconsitent with their education mission (advocating drug or alcohol use would be an example)

• If the message is vulgar or lewd in some manner.

• School can not censor simply because they disagree with idea (such as opposing gun control)

School Dress Code

• While all cases are different the courts have tended to rule with the schools and against the students if the school can show that the dress did one of the following.

• Caused a potential disruption to the learning process, or

• Was dangerous in some way, (gang attire)

That’s it for

today, stay

classy PR!