Professional Documents
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Media As Watchdog of Democracy
Media As Watchdog of Democracy
This core freedom also entertains us, provides a “first draft of history” and spurs
some of us toward activism.
At its best, the press connects us and provides information we rely on to participate
in public life – protecting all our freedoms.
Social media sites are a growing source of news. The companies that own these
sites have their own First Amendment rights of free speech.
People have a need to know. Journalists have a right to tell. News is history in the
making and journalists provide the first draft of history. The information gathered by
journalists allows people to make decisions and participate in democracy, such as by
voting or petitioning the government.
For decades, many Americans have believed that diversity affects the quality of
journalism. More diversity in the news and among the people who produce
journalism can have a significant impact – whether that diversity reflects race,
gender, sexual orientation and identity, life experience or ideology.
They have a First Amendment right to refuse letters to the editor and ads. Because
they are privately owned entities whose editors have control over content, they are
free to promote whatever political, social or economic view they wish.
This protection is key to press freedom because a primary role for the press is to
hold government accountable, an impossible job if there’s a possibility or fear of
censorship.
Unless restricted by a valid prior restraint (which is rare), the news media are free to
publish any information or opinion they want. This freedom, however, does not
always protect them from liability. An outlet that publishes false information about a
person, for example, can be sued for libel. A news organization similarly can be sued
if it unlawfully invades a person’s privacy – like by trespassing on private property
without the owner’s consent or harassing someone by continually following them.
Most journalists strive to exercise their freedom to publish in a responsible and
ethical manner.
Newsgathering
REPORTING AND PHOTOGRAPHING IN PUBLIC PLACES
Journalists gather news by observing, talking to people, taking photos and recording
videos. Journalists aren’t guaranteed access that others aren’t, but they can be in
public anywhere any of us can, with the same rights and restrictions.
The courts have generally stood behind journalists who act reasonably in trying to
get information — but courts have not protected those who blatantly disregard police
orders. Courts have recognized under the First Amendment that journalists can be
left alone by the police, so long as they do not unreasonably interfere with or obstruct
police activity or risk their own personal safety.
The Supreme Court has said that recording video in public places can be protected
speech if the recorder – professional journalist or otherwise – has a message and an
audience to receive it.
What courts don’t all agree on is what limits and restrictions are OK, for example,
whether there is sometimes or always a right to record police activity, or whether
laws or policies can limit the circumstances in which recording can take place.
Leaks
Because the news media’s role includes being a watchdog on the government, the
press often gets insider information from leakers who share information about the
government that isn’t public and whistleblowers who share evidence of government
wrongdoing.
While there are laws to protect whistleblowers, leaking can sometimes be a crime.
But journalists can’t be punished for publishing info that was obtained illegally, if the
journalist didn’t do anything illegal.
Some states have “shield laws” that protect journalists from being forced to reveal
the sources of their reporting and punished if they refuse, but there isn’t a federal
equivalent.
The Freedom of Information Act and its counterparts in the states guarantee us the
right to request records from any government agency. The law, known as FOIA,
enhances our First Amendment rights and directly benefits society because
information obtained under the law could expose government wrongdoing.
Perspective: The Roe v. Wade Leak Shows the Benefit of a Free Press
Journalists’ job is to keep us as informed and up to date as possible on matters of public interest.
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