Freedom of the Press Limitations
Introduction to Freedom of the Press Limitations
Freedom of the press, however, is not absolute. The principle has long been established that the press may not be used in circumstances that would create a “clear and present danger” of bringing about serious consequences to some significant interest that the government has a right or duty to protect. For example, during World War I (1914-1918), restrictions were placed on the direct advocacy of treason and on criticism of the government, conscription, or the American flag.
Another important limit on the free press is the law of libel, involving the defamation of a person, false accusations, or exposure of someone to hatred, ridicule, or pecuniary loss. In 1964 the Supreme Court of the United States weighed the libel law against the interests protected by the 1st Amendment. The Court held that a public figure who sues a newspaper for libel can recover damages only if the person can prove that the statement printed was made with actual malice, that is, “with knowledge that it was false or with reckless disregard of whether it was false or not.” Subsequent court cases have extended this principle for the further protection of a free press.
Until about the mid-20th century, the law of obscenity was also a substantial limitation on freedom of the press. Today this exception, like the law of libel, has been narrowed so as to exclude from the constitutional guarantee only so-called hard-core pornography.” (1)
Resources
Notes and References
- Information about Freedom of the Press Limitations in the Encarta Online Encyclopedia
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