During the decade of the 1970s, the print and electronic media emerged as an institution comparable in power and influence to the three coordinate branches of government. Shielded by the First Amendment to the U.S. Constitution, the press has become almost invulnerable to the criticism and legislative curbs that limit the power of such other social institutions as business or government. Congressmen, who depend upon the radio and television networks for national visibility, are loath to level criticisms at the media.
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In the First Amendment the Founding Fathers gave the free press the protection it must have to fulfill its essential role in our democracy. The press was to serve the governed, not the governors. The Government's power to censor the press was abolished so that the press would remain forever free to censure the Government. The press was protected so that it could bare the secrets of government and inform the people. Only a free and unrestrained press can effectively expose deception in government.
Without debate, without criticism, no Administration and no country can succeed — and no republic can survive. That is why the Athenian lawmaker Solon decreed it a crime for any citizen to shrink from controversy. And that is why our press was protected by the First Amendment — the only business in America specifically protected by the Constitution- -not primarily to amuse and entertain, not to emphasize the trivial and the sentimental, not to simply "give the public what it wants" — but to inform, to arouse, to reflect, to state our dangers and our opportunities, to indicate our crises and our choices, to lead, mold, educate and sometimes even anger public opinion. This means greater coverage and analysis of international news — for it is no longer far away and foreign but close at hand and local. It means greater attention to improved understanding of the news as well as improved transmission. And it means, finally, that government at all levels, must meet its obligation to provide you with the fullest possible information outside the narrowest limits of national security — and we intend to do it.
A free press is vital to a democratic society because its freedom gives it power. Power in a democracy implies responsibility in its exercise. No institution in a democracy, either governmental or private, can have absolute power. Nor can the limits of power which enforce responsibility be finally determined by the limited power itself. See Carl L. Becker, Freedom and Responsibility in the American Way of Life (1945). In plain English, freedom carries with it responsibility even for the press; freedom of the press is not a freedom from responsibility for its exercise. Most State constitutions expressly provide for liability for abuse of the press' freedom. That there was such legal liability was so taken for granted by the framers of the First Amendment that it was not spelled out. Responsibility for its abuse was imbedded in the law. The First Amendment safeguarded the right. [...] The press does have the right, which is its professional function, to criticize and to advocate. The whole gamut of public affairs is the domain for fearless and critical comment, and not least the administration of justice. But the public function which belongs to the press makes it an obligation of honor to exercise this function only with the fullest sense of responsibility. Without such a lively sense of responsibility, a free press may readily become a powerful instrument of injustice.
Public officers, whose character and conduct remain open to debate and free discussion in the press, find their remedies for false accusations in actions under libel laws providing for redress and punishment, and not in proceedings to restrain the publication of newspapers and periodicals. The general principle that the constitutional guaranty of the liberty of the press gives immunity from previous restraints has been approved in many decisions under the provisions of state constitutions. The importance of this immunity has not lessened. While reckless assaults upon public men, and efforts to bring obloquy upon those who are endeavoring faithfully to discharge official duties, exert a baleful influence and deserve the severest condemnation in public opinion, it cannot be said that this abuse is greater, and it is believed to be less, than that which characterized the period in which our institutions took shape. Meanwhile, the administration of government has become more complex, the opportunities for malfeasance and corruption have multiplied, crime has grown to most serious proportions, and the danger of its protection by unfaithful officials and of the impairment of the fundamental security of life and property by criminal alliances and official neglect, emphasizes the primary need of a vigilant and courageous press, especially in great cities. The fact that the liberty of the press may be abused by miscreant purveyors of scandal does not make any the less necessary the immunity of the press from previous restraint in dealing with official misconduct. Subsequent punishment for such abuses as may exist is the appropriate remedy consistent with constitutional privilege.
The full impact of printing did not become possible until the adoption of the Bill of Rights in the United States with its guarantee of freedom of the press. A guarantee of freedom of the press in print was intended to further sanctify the printed word and to provide a rigid bulwark for the shelter of vested interests.
A critical, independent and investigative press is the lifeblood of any democracy. The press must be free from state interference. It must have the economic strength to stand up to the blandishments of government officials. It must have sufficient independence from vested interests to be bold and inquiring without fear or favour. It must enjoy the protection of the constitution, so that it can protect our rights as citizens.
The main thing, if there is a power that the media has, it’s mostly because they represent the public in quite a direct relationship. They’re very populist in the sense that they are meant to be the public’s hired goons who go out, find information, collate it all, verify whether or not it’s true, and then signpost to the citizens that this is worth reading. And they make it in such a way that it’s interesting to read. So they are kind of spokespeople for the people. And in an interconnected age, they are definitely quicker to realize the way power has shifted. You find most journalists now are on all these social networks. They’re all about creating… they want a direct relationship with their audience, in a way that politicians have been very loathe to do.
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Some countries allow the press to have that freedom unfettered. But in some places, there are impediments on the path of the media. Basically, the media often performs as well the political structure allows them to perform. We all know that in this part of the world, press freedom, freedom of speech and other watchdog functions don’t aways apply. Most government-media are practically lapdogs for the authorities.
The First Amendment: rests on the assumption that the widest dissemination of information from diverse and antagonistic sources is essential to the welfare of the public, that a free press is a condition of a free society. Surely a command that the government itself shall not impede the free flow of ideas does not afford governmental combinations a refuge if they impose restraints upon the constitutionally guaranteed freedom.
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