First Amendment Rights

The First Amendment and Freedom of the Press
This article describes several Supreme Court cases in which First Amendment rights have been upheld, allowing the press to pursue its mission, no matter how odious that mission might seem to those in power. Author James Goodale, former general counsel to The New York Times, specializes in First Amendment and communications law. The article is formatted to be printed and used as a handout.

The Pentagon Papers
This brief article describes the events and impact of the Pentagaon Papers case, which illustrates the potential conflict between the imperatives of press freedom and national security. The article is formatted to be printed and used as a handout.

Media Conscience and Accountability
News organizations in the United States are responding, often reluctantly, to increasing consumer complaints in a number of ways that demonstrate their accountability, says Bob Caldwell, who has been a writer, editor and ombudsman with The Oregonian, the largest daily newspaper in the Pacific Northwest. The article is formatted to be printed and used as a handout.

The Role of the Media in a Democracy
In a free-market democracy, the people ultimately make the decision as to how their press should act, writes George Krimsky, the former head of news for the Associated Press and author of Hold the Press (The Inside Story on Newspapers). The article is formatted to be printed and used as a handout.

An Introduction to the U.S. Supreme Court
This brief description of the U.S. Supreme Court outlines the Court's function, history, and traditions.

The cases below are described more fully in The First Amendment and Freedom of the Press. Click on the titles to access the Supreme Court Ruling for each case.

New York Times Co. v. UNITED STATES, 403 U.S. 713 (1971)
The Supreme Court strikes down government attempts to supress publication of The Pentagon Papers.

New York Times Co. v. Sullivan, 376 U.S. 254 (1964)
The Supreme Court rules that "public officials" may not sue a newspaper for slander.

Curtis Publishing Co. v. Butts and Associated Press v. Walker, 388 U.S. 130 (1967)
The Court expands Sullivan to include "public figures."

Hustler Magazine, Inc. v. Falwell, 485 U.S. 46 (1988)
"Outrageous parodies" of public figures are protected by the First Amendment.

Smith v. Daily Mail Publishing Co., 443 U.S. 97 (1979)
The government may not supress information of "public signifigance" that has been "lawfully obtained" by the press.

Landmark Communications, Inc. v. Virginia, 435 U.S. 829 (1978)
The First Amendment protects the right to publish information about confidential judicial misconduct hearings.

Cox Broadcasting Corp. v. Cohn, 420 U.S. 469 (1975)
The press may publish names of rape victims.

Smith v. Daily Mail Publishing Co., 443 U.S. 97 (1979)
The press may publish names of alleged juvenile offenders.

Mills v. Alabama, 384 U.S. 214 (1966)
Newspaper editorials may support particular ballot measures on election day.

Miami Herald Publishing Co. v. Tornillo, 418 U.S. 241 (1974)
The government must not tell the press what to report.

Red Lion Broadcasting Co. v. FCC, 395 U.S. 367(1969)
Television stations must grant a "right of reply" in certain circumstances.

Branzburg v. Hayes, 408 U.S. 665 (1972)
Reporters have a limited right to protect the sources of their information.

Minneapolis Star and Tribune Co. v. Minnesota Commissioner Revenue, 460 U.S. 575 (1983)
The First Amendment prevents the government from enforcing laws which discriminate against the press.

Arkansas Writers' Project, Inc. v. Ragland, 481 U.S. 221 (1987)
The government may not impose taxes based on the subject matter of magazines.

The Charters of Freedom
This Internet site from the U.S. National Archives offers complete texts, facsimilies and explanations of the U.S. Constitution, the Bill of Rights, the Declaration of Independence, and England's Magna Carta.

U.S. Constitution in English

U.S. Bill of Rights in English

Committee to Protect Journalists (CPJ)
Supports journalists who have been subject to human rights violations. Serves as a liaison with press groups worldwide and exchanges information. Releases reports on press conditions in countries around the world and maintains a database and speakers' bureau. Produces a publication, released in March each year, Attacks on the Press, a comprehensive country-by-country breakdown of threats to free press.

Freedom Forum
Supports journalism education for reporters around the world. Promotes free press rights through projects, programs and publications and by funding grant proposals. Operates the Freedom Forum Media Studies Center and The First Amendment Center, as well as the Freedom Forum Journalists Memorial and the Newseum.

Freedom House
Surveys free press and other political rights and civil liberties throughout the world. Publishes a widely-disseminated and respected annual report on relative freedom in countries around the world. Holds seminars on freedom of the press and other civil liberties topics. Maintains an archive on press freedom issues.

International Center for Foreign Journalists (ICFJ)
Formerly known as the Center for Foreign Journalists, the ICFJ works to strengthen quality of journalism worldwide through professional training and exchanges. In particular, ICFJ designs fellowship programs for American and foreign journalists, the most prominent of which is the Knight-Ridder International Press Fellowship Program.

International Women's Media Foundation (IWMF)
Works to strengthen the role of women in the news media worldwide based on the belief that the press cannot be truly free unless women enjoy the same opportunities as men to cover issues of importance to the public. Strives to create networks among women dedicated to journalism. Sponsors programs for women journalists in Eastern and Central Europe, Russia, Africa, Latin America and the United States.

The Organization of News Ombudsmen
With an international membership of 64 active and associate members in the United States, Canada, Japan, Israel, Spain, Brazil, Sweden, Ecuador and Paraguay, the Organization of News Ombudsmen establishes and refines standards for the job of news ombudsman or reader representative on newspapers and in other news media; aids in the wider establishment of the position of news ombudsmen on newspapers and elsewhere in the media; provides a forum for the interchange of experiences, information and ideas among news ombudsmen; develops contacts with publishers, editors, press councils and other professional organizations, provide speakers for special interest groups and responds to media inquiries.

The Reporters Committee for Freedom of the Press
The Reporters Committee for Freedom of the Press has played a role in virtually every significant press freedom case that has come before the U.S. Supreme Court, as well as in hundreds of cases in U.S. federal and state courts. The Committee has also emerged as an international resource in free speech issues, disseminating information in a variety of forms, including a quarterly legal review, a bi-weekly newsletter, a 24-hour hotline, and various handbooks on media law issues.

Reporters Sans Frontieres English
Which countries flout press freedom? Who are the criminal gangs and fundamentalist groups that murder reporters? What are the new faces of censorship? Reporters Sans Frontieres brings you the answers, with the latest facts and figures, maps and copies of banned newspapers. Also publishes a report on infringements of press freedom throughout the world.

World Press Freedom Committee (WPFC)
As a coordination group of more than 30 national and international news media organizations, supports freedom of the press, especially in Eastern Europe and in the Third World. Encourages news media everywhere to adopt high professional standards and performance. WPFC also administers the Fund Against Censorship, which investigates and protests governmental attempts to censor the press and assists with legal challenges to press censorship.

Journalists Need Freedom, But Require Public Trust As Well
By Jim Fisher-Thompson (05/05/97)

Heavy Hand of Censorship No Longer on Mozambique's Press
Remarks by Mozambique President Joaquim Chissano (04/22/97)

Freedom of the Press Said to be Under Attack in Belarus
By David Pitts (04/19/97)

Fighting for a Free Press is 'Worth the Fight'
by Charles W. Corey (04/09/97)

Africa's Journalists Face Political Threats, Violence
By Joan Mower (02/24/97)

May 3 Marks World Press Freedom Day
by David Pitts (05/02/96)

Citizens Must Constantly Push for a Free Press
By Charles W. Corey (04/26/96)

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Updated June 24, 1997.

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