Page 135 - Freedom in the world_Neat

Since the establishment of the United States as an independent nation, the concepts of
freedom of the press and freedom of expression have been upheld by both law and
custom. The freedom enjoyed by the American media is protected by the U.S. Constitution,
by numerous federal, state, and local laws, and by a strong judicial tradition. However, in
the past five years this tradition has come under strain. Among other things, the security
measures following the September 11, 2001, terrorist attacks (hereafter, 9/11) and the
consolidation of media ownership have presented journalists with new challenges in
reporting the news.

Respect for freedom of the press in the United States is rooted first and foremost in the
First Amendment of the Constitution. Although much First Amendment jurisprudence has
pertained to freedom of speech in general and not to the press in particular, these cases
have nonetheless been instrumental in establishing a legal tradition that supports media
freedom.

In addition to such constitutional protections, the press benefits from numerous other
safeguards, most of which have developed since the mid-twentieth century. These include
laws establishing preferential access for the press to news conferences and courtrooms,
freedom of information legislation, state shield laws, protection from police searches of
newsrooms, and indirect government subsidies such as tax exemptions for media
outlets.1 The allowable grounds for prosecuting the media for libel or so-called hate
speech are considerably narrower in America than in many European countries, and
attempts to prevent the press from publishing (otherwise known as “prior restraint”) are
almost never upheld in court. In general, the print media are protected more fully than
broadcast media, which are subject to a wider range of restrictions through the Federal
Communications Commission (FCC).
However, legal protections for journalists have weakened in recent years. Access to official
information has been circumscribed, and reporters’ ability to cover both foreign and
domestic events has been, at times, curtailed. Increased political polarization has affected
coverage as both public and private media outlets have been accused of either liberal or
conservative bias. And while many of these strains are direct consequences of 9/11, the
aftermath of the terrorist attacks is not the only force influencing the culture and freedom
of the American press. Efforts by the administration of President George W. Bush to
control or influence news coverage have led to reduced professional privileges for
journalists, and the long-term trend toward the consolidation of major media outlets in the
hands of a few large corporate owners has tested the quality and diversity of news
coverage. At the same time, technology-driven changes in the way people receive their
news have affected coverage in ways both positive and negative.

The ongoing power of the media to deliver the news and inform the American public
despite these handicaps is evidence that freedom of the press remains robust even in a
more volatile age and under pressure from a more antagonistic government.

History and Legal Background

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