Sunwater Institute Rights and Liberties Project
Freedom of Expression
Freedom of Association
Freedom of Religion
Voting Rights and Suffrage
Freedom of the Press
Privacy Rights
Right To Education
History
What is the oldest source in any country that mentions this right?
What is the oldest written source in this country that mentions this right? BUILD IN COLLAPSE EXPAND TOGGLE
Afghanistan
Albania
Algeria
Andorra
Angola
Antigua and Barbuda
Argentina
Armenia
Australia
Austria
Azerbaijan
The Bahamas
Bahrain
Bangladesh
Barbados
Belarus
Belgium
Belize
Benin
Bhutan
Bolivia
Bosnia and Herzegovina
Botswana
Brazil
Brunei
Bulgaria
Burkina Faso
Burundi
Cambodia
Cameroon
Canada
Cape Verde
Central African Republic
Chad
Chile
China
Colombia
Comoros
Democratic Republic of the Congo
Republic of the Congo
Costa Rica
Croatia
Cuba
Cyprus
Czech Republic
Denmark
Djibouti
Dominica
Dominican Republic
East Timor
Ecuador
Egypt
El Salvador
Equatorial Guinea
Eritrea
Estonia
Eswatini
Ethiopia
Fiji
Finland
France
Gabon
The Gambia
Georgia
Germany
Ghana
Greece
Grenada
Guatemala
Guinea
Guinea-Bissau
Guyana
Haiti
Honduras
Hungary
Iceland
India
Indonesia
Iran
Iraq
Republic of Ireland
Israel
Italy
Ivory Coast
Jamaica
Japan
Jordan
Kazakhstan
Kenya
Kiribati
Kuwait
Kyrgyzstan
Laos
Latvia
Lebanon
Lesotho
Liberia
Libya
Liechtenstein
Lithuania
Luxembourg
Madagascar
Malawi
Malaysia
Maldives
Mali
Malta
Marshall Islands
Mauritania
Mauritius
Mexico
Federated States of Micronesia
Moldova
Monaco
Mongolia
Montenegro
Morocco
Mozambique
Myanmar
Namibia
Nauru
Nepal
Kingdom of the Netherlands
New Zealand
Nicaragua
Niger
Nigeria
North Korea
North Macedonia
Norway
Oman
Pakistan
Palau
Panama
Papua New Guinea
Paraguay
Peru
Philippines
Poland
Portugal
Qatar
Romania
Russia
Rwanda
Saint Kitts and Nevis
Saint Lucia
Saint Vincent and the Grenadines
Samoa
San Marino
São Tomé and Príncipe
Saudi Arabia
Senegal
Serbia
Seychelles
Sierra Leone
Singapore
Slovakia
Slovenia
Solomon Islands
Somalia
South Africa
South Korea
South Sudan
Spain
Sri Lanka
Sudan
Suriname
Sweden
Switzerland
Syria
Tajikistan
Tanzania
Thailand
Togo
Tonga
Trinidad and Tobago
Tunisia
Turkey
Turkmenistan
Tuvalu
Uganda
Ukraine
United Arab Emirates
United Kingdom
United States
Uruguay
Uzbekistan
Vanuatu
Venezuela
Vietnam
Yemen
Zambia
Zimbabwe
Is there another noteworthy written source from the past that mentions this right?
Is the identification of this right associated with a particular era in history, political regime, or political leader?
What specific events or ideas contributed to its identification as a fundamental right?
When was it generally accepted as a fundamental, legally-protectable right?
What historical forces or events, if any, contributed to a widespread belief in its importance?
Legal Codification
Is this right protected in the Constitutions of most countries today?
Is it contained in the US Constitution?
Has it been interpreted as being implicit in the US Constitution?
Are there any exceptions in American law to this right?
Is this right enshrined in international and regional human rights treaties?
Philosophical Origins
What have religious and philosophical traditions contributed to our understanding of this right?
Buddhism
Platonism
Aristotelian thought
Ancient Chinese Philosophy
Stoicism
Early Indian Philosophy
Miscellaneous Hellenistic Schools (epicureans, academics, skeptics, etc.)
Roman Legal and Political Thought
Early Christianity
Thomism and medieval Christianity
Medieval Islamic Thought
Medieval Judaism
Early Modern Rationalism
Absolute Idealism
Reformation Christianity
Hobbesian Thought
Lockean Thought/English Empiricism
Physiocrats
Scottish Enlightenment
Modern Capitalism
Rousseau's Thought
Kantianism
German Idealism
Benthamite Utilitarianism
Millian Utilitarianism
Current Utilitarianism
Transcendentalism
Marxism
Early Sociology
Pragmatism
Weberian Thought
Process Philosophy
Social Darwinism
British Idealism (19th cen.)
Continental Philosophy/Frankfurt School
Behaviorism
Feminist Thought
Postmodernism
Are there any philosophical or moral traditions that dispute the classification of this right as a fundamental right?
What do the major legal theories (positive law, natural law, critical legal studies, etc.) say about this right?
Culture and Politics
Is this right interpreted and exercised in different ways in different countries? Focus on particular countries in which the right is interpreted distinctively
Is this right exercised in different ways depending on the political governance regime in place (democracy, autocracy, hybrid regime)?
Is there general and widespread belief that this right is a fundamental right that should generally be protected (and that exceptions should be rare)?
Does public polling reveal insights about the right as experienced in different countries?
Conflicts with other Rights
Are there other specific fundamental rights that tend to conflict with this right? Can you identify specific examples of this?
Are there other specific rights that are critical to the exercise of this right? Can you identify specific examples of this?
Is there a perception that this right is above or higher than other fundamental rights, or in general, that it has a particular place in a hierarchy of rights?
What specific examples of hierarchies, manifestos, constitutions, or prioritized descriptions of rights cite this right’s high status? Low status? No status at all?
How does federalism change, if at all, the exercise or application of this right? What examples of this can one point to?
Limitations / Restrictions
What are the typical exceptions or limitations placed on this right?
Under American jurisprudence, what permissible exceptions exist?
Under international human rights laws, what permissible exceptions (often called derogations) exist?
Have political theorists or philosophers discussed the permissibility of exceptions to this right?
Should this right be limited when limiting it would jeopardize democratic norms?
Is this right often perceived as threatening to government authorities?
Is this right often curtailed by government authorities for reasons other than those which are generally viewed as permissible?
Is this right at times curtailed by private actors?
Is this right subject to specific limitations in event of emergency (war, brief natural disaster [weather, earthquake], long-run natural disaster [volcano, fire, disease])? Can such limitations be defined in advance with reference to the disaster in question?
Utilitarian / Fairness Assessments
Is there a cost attached to protecting and enforcing this right? What kinds of costs are implicated?
Short-term economic cost in general
Long-term economic cost in general
American Free Press and Its Consequences Freedom of the Press, as granted by 1st amendment in the Constitution of the United States of America, is “Congress shall make no law… abridging the freedom of speech, or of the press” (Madison 1789). Freedom of the Press is a key component of the right to freedom of expression. It will be defined as a press free from unreasonable government censorship or government control. The founders demonstrated the importance of freedom of the press through their writings pre and post revolution. Levvy says in Emergence of a free press, “only those who supported the American cause against England had a right to freedom of speech and press” (Levvy 1985, 156). What were the consequences of American freedom of press gained through freedom from Britain. In this paper, firstly, I argue that freedom of the press decreases poverty and increases development. Then, I will discuss why Amartya Sen believes the effects of decreased poverty and increased development occur. Finally, I will discuss possible short-term costs that derive from a free press. The American press is undoubtedly subject to little interference from the government; there are three main laws that have been put on the press that have either been discontinued or have major loops: the FCC Fairness Doctrine, the Communications Act, and the Equal Time Rule. The Fairness Doctrine required holders of broadcast licenses to cover controversial issues of public interest in a manner that reflected different viewpoints. This rule was replaced in 1987 with the Communications Act, which removed the important provisions of the Fairness doctrine in regard to the press and removed the FCC’s ability to censoring or regulating broadcasted material. Finally, the Equal Time Rule requires if a broadcast sell airtime to one candidate it must offer to sell the same amount of airtime to the other candidate. However, there are numerous ways of circumventing this such as before the candidate officially runs, not having the political party endorse the appearance, debates, and interviews. The rules describes no longer apply, except for the Communications Act, which only rules on equal access to media. Therefore, the current day legal framework of the American press is extremely free and unregulated by the government and has no strong censorship or burdensome regulation of the press. The freedom of the press granted by the United States government allows for many economic benefits including decreases poverty and increase development. In 2008, a UNESCO funded research paper described dozens of experiments and models to show the possible effects of a free press had on the economy due to the correlations found. The paper found that “no country concurrently has a free press and a high percentage of its population living below the poverty line”(2008). The paper also showed a good correlation between free press and lower rates of poverty. Development was more complex in its relationship with free press, “once the education prerequisites have been met, freedom of the press can genuinely develop. It can thus be readily appreciated that all the other dimensions of development will in turn benefit as a result and that a positive dynamic can be established”(2008). Development, in terms of food, health care, and economic security, had a good correlation with free press when is was model in countries that also had good education. Therefore, for a free press to have a strong positive correlation with development, it is likely that education is necessary. A free press correlates with decreasing poverty, and when paired with education increasing human development. Amartya Sen also agrees with these positive correlations of free press and describes the theory behind it. Sen says, “these deprivations restrict social and political lives, and must be seen as repressive even without their leading to other afflictions (such as economic disasters)”(Sen 1999). Amartya Sen believes that the lack of social and political freedoms, like a free press, led to economic disasters because they are repressive. This repression leads to worse policy, Amartya Sen says, “the role of a free press in disseminating knowledge and facilitating critical scrutiny is a necessary requirement of informed politics and cannot but be important for the formulation of development policies”(2003). Press also gives the public access to knowledge, which strengthens debates over policy, allowing policy to be more effective and well-made. Because the lack of a free press is repressive and a free press strengthens public discussion, creates better policy, which likely causes the good correlations between a free press and poverty and development. The costs of a free or nongovernment-controlled press come from the influence of profit driven motives from the press, which cause bias. Amartya Sen says about the right to a free press, “press freedom can be most effective only when that freedom is utilised by the media fully, rather than in a biased or slanted way. Freedom is a permissive condition, and permission is not enough to make a success of the use of the opportunity available”(Sen 2013). Sen believes that the right or permission to a free press does not make the freedom successful because the press can be biased. Habermas describes how the profit motive of the press causes bias, saying, “Press developed from a business in pure news reporting to one involving ideologies and viewpoints, however, and the compiling of items of information encountered the competition of literary journalism, a new element—political in the broader sense—was joined to the economic one” (Habermas 1991, 182). Habermas is describing how once the press started selling opinion pieces and giving takes on the news, instead of pure news and facts of the day, the press began a dealing in selling ideologies and viewpoints. The American free press is free to report the news in a broad way and can also release opinion pieces, if done in a biased way the media will be more focused on shaping public opinion. The press profit driven motive allows the press to be more interested in shaping public opinion than reporting facts, this shaping of public opinions has real economic costs. Killian J. McCarthy describes these effects, saying, “ from a conscious, commercial perspective, the media has an incentive to be intentionally negative. In a state of uncertainty, sentiment- the willingness of the consumer and the business to invest—will be reduced”( McCarty 2013). A free press has increased reporting on negative news as it is more profitable, but this causes a decreased willingness to invest. The negative press coverage can also affect spending through media coverage, McCarthy says, “the media shapes consumer sentiment and the consumers' willingness to spend”(2013). The free press affects consumer sentiment and consumptions. The press will cover more negative news because it is more lucrative, which will negatively impact consumptions, investments, and sentiments because it will cause public opinion to be skewed more pessimistically on the economy. A free press likely increases development, decreases poverty, but may decrease consumer spending and investment during times of negative coverage. Press freedom was shown to have good correlations to development and lower rates of poverty. This was data was explained by Amartya Sen to likely be due to repression from not having a free press and the better policy made from stronger debates with a free press. Habermas and Sen discussed how the press bias could be damaging, while McCarthy described out the negative media bias causes decreased investment and consumer spending.
Works Cited . Habermas, Jurgen. The Structural Transformation of the Public Sphere: An Enquiry into a Category of Bouergeois Society. Cambridge: The M.I.T. Press, 1991. Levy, Leonard Williams. Emergence of a Free Press. Chicago: Ivan R. Dee, 2004. McCarthy, Killian J., and Wilfred Dolfsma. “Neutral Media? Evidence of Media Bias and Its Economic Impact.” Review of Social Economy 72, no. 1 (2013): 42–54. Kumat), Sen Amartya (Amartya. Development as Freedom. Oxford: Oxford University Press, 1999. Sen, Amartya. “Press Freedom: What Is It Good For?” Index on Censorship 42, no. 3 (September 2013): 6–14. https://doi.org/10.1177/0306422013503105
Cost to those least able to economically absorb the cost
Cost to perceived democratic legitimacy
Cost to consistency or coherence of the law as a whole
Cost to the legitimacy or effectiveness of other rights
Cost to considerations of social equality
Cost to other non-material goods not so far specified
What are the financial consequences, if any, of making this right a legally protectable right?
Are there any groups that are uniquely disadvantaged by the exercise of this right?
Are there any groups that uniquely benefit from the exercise of this right?
Are there instances when this fundamental right can lead to unfairness or inequities?
Are there objective ways to measure the utilitarian nature of this right?
If so, where can one draw the line: when does this right stop being useful or economically viable?
Looking Ahead
How can we expect this right to change and evolve in the years ahead?
How is the future likely to shape the exercise of this right?
Will the exercise or protection of this right be affected by technological changes?
Under what conditions would this right become irrelevant?
Are questions of fairness and utility pertaining to this right likely to change in the years ahead?
Policy Recommendations
Can the practice or exercise of this right be shaped through executive action?
In the US context, are there particular parties with a stake or interest in amending or reconceptualizing this right?
In the US context, can this right be altered legislatively, or would it require a constitutional amendment?
Is this right best addressed at the national level? The sub-national level? The international level?
To what extent is this right shaped primarily by judicial decisions?
If this right is best addressed through the amendment process, how should it proceed?
If this right were unlimited, what might be the consequences (positive and negative)?
If this right were eliminated, what might be the consequences (positive and negative)?
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