Congress then passed the Alien and Sedition Acts of 1798, which, among other things, made it a crime to criticize the federal government or government leaders. The legal definition of “freedom of the press” in the United States begins with the forty-five words of the First Amendment to the Constitution, adopted 15 December 1791: “Congress shall make no law respecting an establishment of religion, or the free exercise thereof, or prohibiting the free exercise thereof or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” The absolute words of prohibition against congressional statutes tampering with speech or press freedom were, however, overridden early in the nation’s history by Congress in 1798, just seven years after the adoption of the First Amendment. It also does not cover extralegal controls such a communicator’s sense of the community’s range of permissible expression, or public pressures (including mob action) against the press in times of crisis. That definition does not include communications that may break laws of general applicability, such as the law of fraud, nor violation of a contract. The clearest indicator of press freedom is that opponents of government or of government leaders, laws, or policies can publish effective criticisms without suffering government retaliation in the form of fines, imprisonment, or even death. Because of the advent of electronic media and of the internet and of other “new media” or “social media” during the 20th and early 21st centuries, the term “freedom of the press” is used to cover mediated communication in general. This bibliography concentrates on freedom of the press as defined by some major American and English writers and in decisions of the Supreme Court of the United States. “Freedom of the press,” “freedom of speech,” and “freedom of expression” are terms often used together in the United States, with “the press” primarily connoting print and electronic media. When press freedom is harmed, it is much harder to hold our government accountable when it missteps or overreaches.Freedom of the press refers to the freedom to criticize government without suffering official interference or punishment, before or after publication. The ACLU has played a central role in defending the freedom of the press, from our role in the landmark Pentagon Papers case to our defense of whistleblower Edward Snowden and our advocacy for a new media shield law. And in the face of a growing surveillance apparatus, journalists must go to new lengths to protect sources and, by extension, the public’s right to know. Whistleblowers face prosecution under the World War One-era Espionage Act for leaks to the press in the public interest. The government has launched an unprecedented crackdown on whistleblowers, targeting journalists in order to find their sources. The rise of the national security state and the proliferation of new surveillance technologies have created new challenges to media freedom. It is also a vibrant marketplace of ideas, a vehicle for ordinary citizens to express themselves and gain exposure to a wide range of information and opinions. A free media functions as a watchdog that can investigate and report on government wrongdoing. The freedom of the press, protected by the First Amendment, is critical to a democracy in which the government is accountable to the people. Supreme Court Justice Hugo Black in New York Times Co. “The press was to serve the governed, not the governors.”
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