Download Uninhibited, Robust, and Wide-Open: A Free Press for a New by Lee C. Bollinger PDF

By Lee C. Bollinger

Lee Bollinger is one in all our best specialists at the First Amendment--both an erudite student and chic suggest. during this sweeping account, he explores the historical past of a unfastened press in the US and appears towards the demanding situations forward.

The first modification assured freedom of the clicking in doubtless transparent phrases. besides the fact that, over the process American historical past, Bollinger notes, the assumption of press freedom has developed, in accordance with social, political, technological, and felony adjustments. It used to be now not till the 20th century that freedom of the clicking got here to be understood as making certain an "uninhibited, strong and wide-open" public discourse. yet even through the 20th century, executive constantly attempted to erect limitations: the sedition legislation of worldwide conflict One, using libel legislation, the Pentagon Papers case, and efforts to restrict press entry to details.

Bollinger makes use of this background to discover the which means of freedom of the click in our globalized, internet-dominated period. As he indicates, now we have entered uncharted territory. What does press freedom suggest whilst our information shops can at once disseminate details during the global? while international media have quick entry to the yank marketplace? Bollinger stresses that even supposing the legislations would definitely evolve within the coming years, we needs to retain our dedication to a press that's "uninhibited, strong, and wide-open," not just in the United States yet all over the place. Given the hot skill of overseas media to arrive the USA through the web and vice versa, it really is in America's nationwide curiosity for press freedoms to extend out of the country. whereas holding the liberty of the clicking at domestic is still an important activity, the following problem is to aid create an international public discussion board compatible for an more and more interconnected global. a part of Oxford's landmark Inalienable Rights sequence, this e-book will set the time table for a way we expect concerning the press within the twenty-first century.

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Extra info for Uninhibited, Robust, and Wide-Open: A Free Press for a New Century (Inalienable Rights Series)

Sample text

30 In 1801, President Thomas Jefferson pardoned those convicted, and in later years Congress repaid the fines that had been imposed under the act. ”32 Valuable speech would therefore be chilled. Despite the urging of Justices Hugo Black, William O. ”35 [ 17 ] u n i n h i bi t e d, robus t, a n d w i de - ope n Sullivan left many important questions open for future resolution: Who counts as a “public official”? What is the kind of “official conduct” to which the “actual malice” standard applies?

Most censorship in the United States has reflected general public sentiment, but the courts have never taken that into account in deciding whether censorship is permissible. Why is speech, as one form of human behavior among many, exempt from the usual rules of democracy? One might answer that the First Amendment protects “speech” and “press,” not eating, jogging, or driving. But, insofar as we want to have sound reasons for our decisions, we ought to look for an explanation beyond the text. Another question is: Why has the freedom of speech and press been [ 47 ] u n i n h i bi t e d, robus t, a n d w i de - ope n taken so far?

It is quite another thing to suggest that the Constitution imposes upon government the affirmative duty to make available to journalists sources of information not available to members of the public generally. 61 Four justices dissented. ”62 Decisions like Pell v. 63 But the most famous case on the newsgathering front, Branzburg v. Hayes (1972), was decided two years before Pell. 64 To journalists, confidentiality is a cornerstone of effective reporting, since anonymity is to leakers what robust protection against censorship is to speakers.

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