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FINAL WORD ON FREEDOM OF PRESS

RIGHT OF ACCESS

This right is generally granted, but not always

Freedom of Information Act (1966)---Allows public access to all non-classified gov’t files; signed by Pres. Johnson with misgivings (Pushed by California Congressmen John Moss)

Electronic Freedom of Information Act (1996)---Requires agencies to put files online

Executive Privilege

President’s have right to withhold information

Exception: U.S. v. Nixon (1974)---President’s generally have the right, except in criminal cases

(Supreme Court ruled that President’s tapes must be turned over after the grand jury indictment against 7 Nixon aides, and president must obey subpoena for administration of justice)

Shield Laws

Protect reporters from having to reveal their sources

Claim by Press: Without shield laws, sources “dry up” and would be unable to provide valuable information to public

Laws passed by the states, but not at the federal level (through Congress); all 49 states have varying laws in place (ONLY EXCEPTION: WYOMING)

Defamation (injury of reputation)

Libel: defamation by written or printed words, pictures, or in any form other than by spoken words or gestures.

Slander: a malicious, false, and defamatory statement or report—verbal

Not protected by 1st Amendment

To win lawsuit, one must prove allegation’s were false, malicious, and damaged one’s reputation (difficult)