The first amendment of the United States Constitution guarantees the right to freedom of speech for all citizens[1]. However throughout the years we have found that there are curbs on this particular freedom and generally for good reason. In the early history of American newspapers we were in an age of mudslinging tactics. Politicians would smear their competitor’s good name in the hopes of getting elected themselves. The newspapers we see today are extremely different from ones of the past. Newspapers must check their facts in attempt to educate the public. They can print things that are negative about a particular individual or company, but they can not knowingly print false reports on a person they happen to not like or disagree with.
These standards on slander came about because of the 1964 Supreme Court case of New York Times Co. v. Sullivan[2]. This case laid the ground work for the rights of newspapers to publish the truth without fear of repercussions. The main clause in that right is that it must be the truth. Before this time “[d]ifferent states followed different rules”[3] for their own definition of what constituted slander. This Supreme Court case made it a nationally held law, that the person filing the suit against a newspaper must prove that the defendant knowingly printed false statements. It was feared that this decision would not be held up nationally in the future, however on April 25th of that same year the March 9th decision of the Supreme court was upheld in another newspaper case[4] and has been ever since.
[1] 1st Amendment of the Constitution of the
[2] Supreme Court of the
[3] Lewis, Anthony. "Court Broadens Freedom of the Press." New York Times 15 Mar. 1964, sec. E: 10. ProQuest.
[4] "Newspaper Cleared of Libel Accusation." New York Times 26 Apr. 1964: 65. ProQuest.
No comments:
Post a Comment