Freedom of the Press - Explained
What is the Freedom of Press?
Written by J. Mance Gordon
Updated at April 21st, 2024
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What is the Freedom of Press?
Congress shall make no law respecting an establishment of religion, 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.
What is the Freedom of Press granted under the 1st Amendment?
The 1st Amendment states that, Congress shall make no law abridging the freedom of the press.
Generally, it prohibits attempts by the government to curtail the freedom of expression through the public dissemination of information.
More specifically, it prohibits any restraint prior to the publication of information, or prior restraints. Rather, protection of a free press are commonly reduced after the publication of the information.
That is, an individual or organization may be held liable subsequent to the publication of information, as the publication may run afoul of laws protecting the public (e.g., defamation).
- Example: The local news channel may report on any matters of public interest pursuant to the freedom of the press. Limiting the content that the media may cover is a prior restraint and would abridge this freedom. Holding the new channel liable for intentionally defaming a person is a limitation on freedom of press that is generally constitutional.
The 1st Amendment of the US Constitution
- What is the 1st Amendment?
- What are the Establishment Clause and Free Exercise Clause
- How does freedom of religion affect business practice?
- What is the protection of Freedom of Speech?
- Speech with Limited or No Protection
- What is Obscene Speech?
- What are Fighting Words?
- What is Commercial Speech?
- What is Defamation?
- What is Political Speech?
- Overbreadth and Overly Broad Laws
- Freedom of Assembly