Question

Debate on public issues should be uninhibited, robust, and wide-open and it may well include unpleasantly sharp attacks on government and public officials. How does the U.S. Constitution protect this right?

Answer 1

Answer: The freedom of speech protections in the First Amendment to the U.S. Constitution

Explanation: New York Times Co. v. Sullivan (1964), was a landmark decision of the U.S. Supreme Court in which the Court ruled that the freedom of speech protections in the First Amendment to the U.S. Constitution restrict the ability of American public officials to sue for defamation. The Supreme court specifically held that if a plaintiff in a defamation lawsuit is a public official or person running for public office, not only must they prove the normal elements of defamation, they must also prove that the statement was made with "actual malice", meaning that the defendant either knew the statement was false or recklessly disregarded whether or not it was true.

The Court said it was necessary to protect the erroneous statements about public officials that would come up in free debate, otherwise critics of public officials will censor their speech for fear of potentially unlimited liability which could severely limit the information that could be given or published about the character of such officials.

Answer 2

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Legal Aspects of Journalism

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Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press or the right of the people peaceably to assemble , and to petition the Government for a redress of grievances.

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First amendment of the US constitution.

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A popular government, without popular information, or the means of acquiring it, is but a Prologue to a Farce or a Tragedy; or perhaps both. Knowledge will forever govern ignorance and a people who mean to be their own Governors, must arm themselves with the power which knowledge gives.

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James Madison Quote on governments and information.

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Terms in this set (29)

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press or the right of the people peaceably to assemble , and to petition the Government for a redress of grievances.

First amendment of the US constitution.

A popular government, without popular information, or the means of acquiring it, is but a Prologue to a Farce or a Tragedy; or perhaps both. Knowledge will forever govern ignorance and a people who mean to be their own Governors, must arm themselves with the power which knowledge gives.

James Madison Quote on governments and information.

"the U.S. Supreme Court in Reno v. ALCU (1997) said "that the internet is entitled to the highest level of first Amendment protection, akin to the print medium."

David L. Hudson Jr. of the First Amendment Center Quote:

Libel

To be this, a statement "must have caused harm to the plaintiff, it must be false, and it must have been published."

spoken, written

For the most part Slander is ____, libel is ____

The Alabama Supreme Court found the times Guilty of libel because information it published in an advertisement was found to be factually wrong. The U.S. Supreme court overturned the decision saying: "debate on public issues should be uninhibited, robust, and wide-open and that it may well include vehement, caustic and sometimes unpleasantly sharp attacks on public officials."

New York Times vs. Sullivan

The U.S. Supreme court "ruled for the first time that the First Amendment encompasses an affirmative, enforceable, right of public access to criminal trials. The court concluded that the Amendment "implies a right of the public to certain information concerning the direct exercise of government power."

Richmond Newspapers vs. Virginia

"implies a right of the public to certain information concerning the direct exercise of government power."

Supreme court conclusion in Richmond Newspapers vs. Virginia that the first amendment:

"debate on public issues should be uninhibited, robust, and wide-open and that it may well include vehement, caustic and sometimes unpleasantly sharp attacks on public officials."

The US Supreme court overturned a decision from the Alabama Supreme Court saying

Law of Privileged Statements

Courts have a rule that journalists cannot be found guilty of libel for reprinting accurately testimony made in court, documents, including police reports. The basis of the decisions is the importance of friend unfettered reporting of these documents any harm done if statements contained therein turn out to be false and defamatory.