Freedom of the Press/Government curtailment
Is this right often curtailed by government authorities for reasons other than those which are generally viewed as permissible?
Early American history was characterized by hostility to the common law of seditious libel, which restricted political speech. Legal objections sought to restrict the law's oppressive implementation, as in the Zenger case in 1735 (Rabban 1985, 799). English authors like Trenchard and Gordon (under the alias Cato) defended the truth and disregarded the notion that language's "bad tendency" might be used as a form of seditious libel (Rabban 1985, 799). Theoretical defenses of free speech highlighted its importance in limiting governmental authority and fostering good governance. The notion that free speech and the press were necessary for a free society and individual liberty was well-known in both America and England (Rabban 1985, 802). These ideas about the right to free speech were prevalent even before the Sedition Act of 1798 and had a significant impact on how the First Amendment was interpreted (Rabban 1985, 802). Early cases like the Bradford case (1694) added to the Zenger case’s questioning of the common law's long-standing definition of seditious libel. They brought up arguments that the jury should decide whether a publication was seditious and challenged the notion that true remarks might constitute libel (Rabban and Levy 1985). This demonstrated the widespread resistance to the idea of seditious libel in eighteenth-century England and colonial America. Levy however find that these early cases and thinkers such as Cato did not go far enough in their libertarianism regarding Freedom of the Press (Rabban 1985, 802). These arguments were accompanied by theoretical defenses of political expression rights. Different individuals asserted that freedom of speech and the press were crucial for limiting governmental power and upholding a free society, both in England and the American colonies. There is a grand shift between freedom of expression, seditious libel, and freedom of the press before and after the American Revolution (Rabban 1985, 804). The press enjoyed less actual freedom in the years leading up to the American Revolution than it did during the majority of the colonial period. Speaking out against the cause of the Revolution was silenced by those in favor of independence, which curbed freedom of expression (Rabban 1985, 805). Following the Revolution, many states continued to pursue seditious libel cases, and grand juries were more inclined to recommend indictments—especially in light of the Sedition Act of 1798. Seditious libel was not often challenged by libel victims in this era (Rabban 1985, 805). However, in modern-day America, most restrictions of freedom of expression, including that of the press, are limited. Slander, obscenity, pornography, sedition, incitement, fighting words, violation of copyright, trade secrets, food labeling, non-disclosure agreements, the right to privacy, public safety, and perjury are examples of common restrictions on the press. Outside of that, there are no other limits on the Press (Cornell Legal Information Institute). However, 57% of U.S. journalists are either extremely or very concerned about the freedom of the press as of 2023 (Pew Research 2023). More than 50 journalists were arrested or jailed in the US in 2021 while performing their jobs (Freedom Tracker). In 2022, reporters covering the school shooting in Uvalde were threatened with arrest, as well as prevented access from reporting in certain areas (Hernández and Farhi 2022). Journalists have been on high alert regarding potential future suppression of media in the U.S. Meanwhile, in the United Kingdom, the print media tends to act mostly self-regulatory and functions without many statutory restrictions. Everyone including the media has the right to freedom of expression in the UK, according to the Human Rights Act (HRA). However, this right "may be subject to formalities, conditions, restrictions, or penalties as are prescribed by law and are necessary in a democratic society." (Murray et al. 2022). However, libel in the UK functions differently in the US for the press. Britain actually has stricter regulations on freedom of the press. Since the country's libel rules have historically made suing for libel an easy pursuit, oligarchs and other wealthy foreigners and businesses have utilized British courts to sue journalists for news they don't like (Global Campaign for Free Expression 2023). It is far easier to sue these journalists in the UK. In contrast to the US' constitutional tradition, laws in the UK penalizes speech critical of public officials. The UK allows for greater ability to protect one’s public image and reputation (Global Campaign for Free Expression 2023). In comparison to the aforementioned libel cases in the US, the limits of the media are far stricter. In conclusion, there is a complicated and developing narrative to be found in the history of press freedom and early American democracy. The harsh use of seditious libel laws was vigorously resisted in early American history, with examples like the Zenger trial questioning accepted notions of libel. The theoretical foundations of free speech as a defense against excessive political power were well-established, laying the groundwork for the First Amendment's interpretation. While there are certain limitations on the freedom of speech and the press in modern America, they are often only applicable to situations involving slander, obscenity, provocation, and issues related to public safety. However, recent instances of journalists receiving threats, being detained, and having their access restricted underscore growing worries about press freedom in the United States. The UK's libel rules albeit more relaxed have had a history of being exploited by companies upset by the media. The appropriate balance to strike in this dynamic environment between defending free speech and attending to valid concerns is still up for discussion. It is clear that while the concepts of free speech are fundamental to democratic societies, how these concepts are actually put into practice can differ greatly, with repercussions for the media, public discourse, and individual liberty. In the ever-changing world, it is crucial to be attentive to defending and upholding the core ideals of freedom of expression and the press as these difficulties are negotiated (Global Campaign for Free Expression 2023).
Bibliography
Cornell Legal Information Institute. “First Amendment.” LII / Legal Information Institute. Accessed September 22, 2023. https://www.law.cornell.edu/wex/first_amendment.
Freedom Tracker. “More than 50 Journalists Arrested or Detained While on the Job in the US in 2021.” U.S. Press Freedom Tracker. Accessed September 22, 2023. https://pressfreedomtracker.us/blog/arrests-of-journalists-remain-a-threat-to-a-free-press/.
Global Campaign for Free Expression. 2023. “Media Regulation in the United Kingdom.” September 2023. https://www.article19.org/data/files/pdfs/publications/uk-media-regulation.pdf.
Hernández, Arelis R., and Paul Farhi. 2022. “Journalists in Uvalde Are Stonewalled, Hassled, Threatened with Arrest.” The Washington Post, June 28, 2022. https://www.washingtonpost.com/media/2022/06/28/we-were-seen-enemies-journalists-uvalde-threatened-by-police/.
Murray, Calum, Fergus Nolan, Jessica Withey, Joanna Conway, and Katie Major. 2022. “Spotlight: Free Speech and Media Freedom in United Kingdom.” Deloitte Legal, November 21, 2022. https://www.lexology.com/library/detail.aspx?g=91802897-644e-4932-b0fc-eea0e84ed037.
Pew Research. 2023. “Most U.S. Journalists Are Concerned about Future Press Freedoms.” Pew Research Center. May 2, 2023. https://www.pewresearch.org/short-reads/2023/05/02/most-u-s-journalists-are-concerned-about-press-freedoms/.
Rabban, David M. 1985. “The Ahistorical Historian: Leonard Levy on Freedom of Expression in Early American History.” Stanford Law Review 37, no. 3 (February): 795-805. https://doi.org/10.2307/1228715.