Free Speech, Academic Freedom, & Intellectual Freedom

The press in the United States is freer than in any other country in the world, and virtually any in history. American courts give critics of society and government extraordinary freedom to disseminate views that are unpopular, subversive, and even hateful. How did freedom of the press evolve over the centuries, what values does American press freedom claim to serve today, and what challenges will this right face in the twenty-first century? These are some of the important questions addressed in this scholarly but accessible volume on one of our most important freedoms guaranteed by the First Amendment. Award-winning legal scholar Garrett Epps has selected significant historical and contemporary articles in addition to a sampling of key cases on freedom of the press in this outstanding collection. Beginning with a history of the idea of press freedom in England and America, he includes classic essays by John Milton, Thomas Jefferson, and John Stuart Mill, among others. A selection of landmark cases follows, which span the twentieth century and include such major issues as censorship vs. national security, reporters’ protected sources, the definition of obscenity, and other issues. A section of contemporary essays includes contributions by Justice Hugo Black, Justice Potter Stewart, Alexander Meiklejohn, Robert Bork, and others. In conclusion, Epps offers brief selections from other cultures on freedom of the press and he examines the unprecedented challenges to a free press in the twenty-first century from a global Internet culture that allows information to cross all borders and makes the definition of journalism fuzzy.

This work discusses the major court decisions that answer the important questions affecting freedom of the press, providing illustrations and examples that give insight into this complex body of law. The clear and concise style of the book makes it an essential guide for all those interested in freedom of the press. The book begins with an analysis of the text of the First Amendment and demonstrates how the seemingly simple text has given rise to complicated issues and interpretations. It also discusses the historical evolution of our current understanding of the justifications offered to protect freedom of expression. A number of important questions that have arisen in First Amendment law are discussed in detail.

Does America have a free press? Many who answer yes appeal to First Amendment protections that shield the press from government censorship. But in this comprehensive history of American press freedom as it has existed in theory, law, and practice, Sam Lebovic shows that, on its own, the right of free speech has been insufficient to guarantee a free press. Lebovic recovers a vision of press freedom, prevalent in the mid-twentieth century, based on the idea of unfettered public access to accurate information. This "right to the news" responded to persistent worries about the quality and diversity of the information circulating in the nation's news. Yet as the meaning of press freedom was contested in various arenas--Supreme Court cases on government censorship, efforts to regulate the corporate newspaper industry, the drafting of state secrecy and freedom of information laws, the unionization of journalists, and the rise of the New Journalism--Americans chose to define freedom of the press as nothing more than the right to publish without government censorship. The idea of a public right to all the news and information was abandoned, and is today largely forgotten. Free Speech and Unfree News compels us to reexamine assumptions about what freedom of the press means in a democratic society--and helps us make better sense of the crises that beset the press in an age of aggressive corporate consolidation in media industries, an increasingly secretive national security state, and the daily newspaper's continued decline.

The liberty of expression has been fixed in the firmament of our social values since our nation's beginning--the United States was the first government to legalize free speech and a free press as fundamental rights. But when the British began colonizing the New World, any words, true or false, thought to disparage the government were judged as criminally subversive. So when in 1733 a small newspaper, the New-York Weekly Journal, printed scathing articles assailing the new British governor, William Cosby, as corrupt and abusive, colonial New York was scandalized. The paper's publisher, John Peter Zenger--only a front man for Cosby's adversaries, New York Supreme Court Chief Justice Lewis Morris and the shrewd attorney James Alexander--became the endeavor's courageous fall guy when Cosby brought the full force of his high office down upon it. Zenger faced a jury on August 4, 1735, in a proceeding matched in importance during the colonial period only by the Salem Witch Trials. In Indelible Ink, acclaimed social historian Richard Kluger re-creates in rich detail this dramatic clash of powerful antagonists that marked the beginning of press freedom in America. Here is an enduring lesson that resounds to this day on the vital importance of free public expression as the underpinning of democracy. 8 pages of illustrations

During the American Civil War, several newspapers remained Confederate sympathizers despite their locations being occupied by Union troops. Examining these papers, the authors explore what methods of suppression occupiers used, how occupation influenced the editorial and business sides of the press, and how occupation impacted freedom of the press.

This little gem of a book, which first appeared in 1920, was written in Walter Lippmann's thirtieth year. He was still full of the passionate faith in democracy that was evident in his writings before the First World War.  From today's point of view, Lippmann's argument seems unusually prescient. He was troubled by distortions in newspaper journalism, but was also deeply aware of the need to protect a free press. Lippmann believed that toleration of alternative beliefs was essential to maintaining the vitality of democracy. Liberty and the News is a key transitional work in the corpus of Lippmann's writings. For it is here that he proposes that public opinion is largely a response not to truths but rather to a "pseudo-environment" which exists between people and the external world. Lippmann was worried that if the beliefs that get exchanged between people are hollow, and bear only a purely accidental relationship to the world as it truly is, then the entire case for democracy is in danger of having been built on sand. His concerns remain very much alive and important.

Lincoln's Censor examines the effect of government suppression on the Democratic press in Indiana during the spring of 1863. President Abraham Lincoln, who suspended the writ of habeas corpus in 1862, claiming presidential prerogatives given by the Constitution at times of invasion or rebellion, had some political misgivings about the intimidation of Democratic newspapers, but let the practice continue in Indiana from April through June of 1863.

"An informative and entertaining account of the variously comic, sordid, scandalous and high-minded doings that culminated in Near v. Minnesota, a landmark case in the history of freedom of the press." -- The New Yorker In 1927 the publisher Jay M. Near -- whose muck-raking newspaper indulged his anti-Semitic, anti-black, anti-Catholic and anti-labor prejudices -- was put out of business by a Minnesota gag law. This law allowed a single judge to bar publication of any newspaper found "malicious, scandalous or defamatory," set a dangerous precedent for prior restraint and curtailed freedom of the press. Near's case was eventually taken up by Colonel McCormick, the powerful publisher of the Chicago Tribune, who paid for the appeal to the Supreme Court. In 1931 Near v. Minnesota was decided 5 to 4 in Near's favor -- a decision that bears directly on freedom of the press today. "Ranging from the sleaze of the Minnesota underworld to the often bitchy byplay among members of the Supreme Court, [Friendly] has done a marvelous job." -- The Los Angeles Times Book Review "A very rich slice of Americana....The author creates a dramatic atmosphere and a pace that never flags." -- The New York Times

Journalists are being imprisoned and killed in record numbers. Online surveillance is annihilating privacy, and the Internet can be brought under government control at any time. Joel Simon, the executive director of the Committee to Protect Journalists, warns that we can no longer assume that our global information ecosystem is stable, protected, and robust. Journalists are increasingly vulnerable to attack by authoritarian governments, militants, criminals, and terrorists, who all seek to use technology, political pressure, and violence to set the global information agenda. Reporting from Pakistan, Russia, Turkey, Egypt, and Mexico, among other hotspots, Simon finds journalists under threat from all sides. The result is a growing crisis in information--a shortage of the news we need to make sense of our globalized world and fight human rights abuses, manage conflict, and promote accountability. Drawing on his experience defending journalists on the front lines, he calls on "global citizens," U.S. policy makers, international law advocates, and human rights groups to create a global freedom-of-expression agenda tied to trade, climate, and other major negotiations. He proposes ten key priorities, including combating the murder of journalists, ending censorship, and developing a global free-expression charter to challenge the criminal and corrupt forces that seek to manipulate the world's news.

&&LI&&Normal0falsefalsefalseMicrosoftInternetExplorer4/* Style Definitions */table.MsoNormalTable{{mso-style-name:"Table Normal";mso-tstyle-rowband-size:0;mso-tstyle-colband-size:0;mso-style-noshow:yes;mso-style-parent:"";mso-padding-alt:0in 5.4pt 0in 5.4pt;mso-para-margin:0in;mso-para-margin-bottom:.0001pt;mso-pagination:widow-orphan;font-size:10.0pt;font-family:"Times New Roman";mso-ansi-language:#0400;mso-fareast-language:#0400;mso-bidi-language:#0400;}}In this book, five leading scholars of media and communication take on the difficult but important task of explicating the role of journalism in democratic societies. Using Fred S. Siebert, Theodore Peterson, and Wilbur Schramm's classic Four Theories of the Press as their point of departure, the authors explore the philosophical underpinnings and the political realities that inform a normative approach to questions about the relationship between journalism and democracy, investigating not just what journalism is but what it ought to be. The authors identify four distinct yet overlapping roles for the media: the monitorial role of a vigilant informer collecting and publishing information of potential interest to the public; the facilitative role that not only reports on but also seeks to support and strengthen civil society; the radical role that challenges authority and voices support for reform; and the collaborative role that creates partnerships between journalists and centers of power in society, notably the state, to advance mutually acceptable interests. Demonstrating the value of a reconsideration of media roles, Normative Theories of the Media provides a sturdy foundation for subsequent discussions of the changing media landscape and what it portends for democratic ideals.