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Freedom of the Press/Fundamental and protected

2023-11-16T21:59:56Z

Rubymayer: Created page with "{{Right section |right=Freedom of the Press |section=Culture and Politics |question=Fundamental and protected |questionHeading=Is there general and widespread belief that this right is a fundamental right that should generally be protected (and that exceptions should be rare)? |pageLevel=Question |contents=Generally, exceptions to freedom of the press have been rare in the USA. In Britain, somewhat more relaxed libel laws leave organs of the media more open to suits. Ho..."

{{Right section
|right=Freedom of the Press
|section=Culture and Politics
|question=Fundamental and protected
|questionHeading=Is there general and widespread belief that this right is a fundamental right that should generally be protected (and that exceptions should be rare)?
|pageLevel=Question
|contents=Generally, exceptions to freedom of the press have been rare in the USA. In Britain, somewhat more relaxed libel laws leave organs of the media more open to suits. However, both consider rare exceptions to these tendencies (Shapiro 2015). In both nations, there are arguments to push more towards the other country’s position. In the United Kingdom, libel law was used to take a U.S. author to court for their writing. This form of “libel tourism” is common due to the ability to sue writers and the press for libel in the UK, increasing the odds of the prosecution winning (Shapiro 2015). The UK’s successful suing of the author in this libel case caused the United states to create Rachel’s Law. This prevented the upholding of the UK ruling in the United States (Glanville 2008). This law in particular is a standard example of the U.S. maintaining greater protections of freedom of the press. In more recent years, the UK has moved closer to stricter libel laws, similar to the United States. The High Court in London dismissed the complaint that journalist Carole Cadwalladr defamed businessman and pro-Brexit movement founder Arron Banks, marking a huge victory for public-interest reporting. This 2022 case served as a major win for stricter exceptions to freedom of the press (“UK: Journalist’s Victory in Libel Case Endorses Media Freedom” 2022).
In the case of the Dominion Voting System versus Fox News, libel laws were essential for the Fox defamation lawsuit (Peltz and Riccardi 2023). The court papers even expressed a profound concern about the broadcaster's actions, likely prompting the settlement money Fox eventually gave to Dominion (Peltz and Riccardi 2023). This demonstrates a certain level of ability to meet the standard for libel/defamation suits in the U.S. For most countries, arguments against freedom of speech and of the press can be broken down into national security, fake news and misinformation, privacy & ethics, sensationalism for profit, and hate speech and incitement (“The Ongoing Challenge to Define Free Speech” 2023). The complicated and ongoing discussion over how to strike a balance between these issues and press freedom protection differs from nation to nation and reflects various cultural, legal, and political settings.
Lately, societies have seen the real world consequences of these freedoms and the exceptions to them. However, Informing the public, promoting democracy, and holding governments responsible all depend on a free press. In order to prevent suffocating free speech, encouraging censorship, or smothering dissenting voices, restrictions on press freedom must be carefully considered. Because technology has grown at a pace too rapid for regulation and societal understanding keep up, it has led to issues with misinformation interfering with governmental processes. Deepfakes have been among these developing concerns. Political experts worry that in order to influence an election, political strategists may create attack commercials utilizing computer-generated "deepfake" films and audio, which they may then release at the last minute (McKenzie 2023). France has made media regulations to aid in preventing election misinformation. French officials urge news organizations and the public to refrain from sharing any information during the media blackout period required by electoral regulations. These electoral regulations are a noticeable exception that were put in place after Macron’s emails were leaked in a hack prior to the 2017 election. There is now a 44 hour blackout of media before all major French elections (“France Doubles Down on Countering Foreign Interference Ahead of Key Elections” 2021).

Bibliography

“France Doubles Down on Countering Foreign Interference Ahead of Key Elections.” 2021. Accessed October 27, 2023. https://www.lawfaremedia.org/article/france-doubles-down- countering-foreign-interference-ahead-key-elections-0.

Glanville, Jo. 2008. “‘Rachel’s Law’ Protects Free Expression.” Index on Censorship. April 2, 2008. https://www.indexoncensorship.org/2008/04/rachels-law-protects-free-expression/.

McKenzie, Bryan. 2023. “Is That Real? Deepfakes Could Pose Danger to Free Elections.” UVA Today, August 24, 2023. https://news.virginia.edu/content/real-deepfakes-could-pose-danger-free-elections.

Peltz, Jennifer, and Nicholas Riccardi. 2023. “How Election Lies, Libel Law Were Key to Fox Defamation Suit.” AP News, April 18, 2023. https://apnews.com/article/fox-news-dominion-lawsuit-trial-explainer-trump-fbd401a951905879d837a8860b3bec5e.

Shapiro, Ari. 2015. “On Libel And The Law, U.S. And U.K. Go Separate Ways.” NPR, March 21, 2015. https://www.npr.org/sections/parallels/2015/03/21/394273902/on-libel-and-the-law-u-s-and-u-k-go-separate-ways.

“The Ongoing Challenge to Define Free Speech.” Accessed October 6, 2023. https://www.americanbar.org/groups/crsj/publications/human_rights_magazine_home/the-ongoing-challenge-to-define-free-speech/the-ongoing-challenge-to-define-free-speech/.

“UK: Journalist’s Victory in Libel Case Endorses Media Freedom.” 2022. Article 19. June 13, 2022. https://www.article19.org/resources/uk-journalists-victory-endorses-media-freedom/.
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Freedom of the Press/Government curtailment

2023-11-16T21:57:58Z

Rubymayer: Created page with "{{Right section |right=Freedom of the Press |section=Limitations - Restrictions |question=Government curtailment |questionHeading=Is this right often curtailed by government authorities for reasons other than those which are generally viewed as permissible? |pageLevel=Question |contents=Early American history was characterized by hostility to the common law of seditious libel, which restricted political speech. Legal objections sought to restrict the law's oppressive imp..."

{{Right section
|right=Freedom of the Press
|section=Limitations - Restrictions
|question=Government curtailment
|questionHeading=Is this right often curtailed by government authorities for reasons other than those which are generally viewed as permissible?
|pageLevel=Question
|contents=Early American history was characterized by hostility to the common law of seditious libel, which restricted political speech. Legal objections sought to restrict the law's oppressive implementation, as in the Zenger case in 1735 (Rabban 1985, 799). English authors like Trenchard and Gordon (under the alias Cato) defended the truth and disregarded the notion that language's "bad tendency" might be used as a form of seditious libel (Rabban 1985, 799). Theoretical defenses of free speech highlighted its importance in limiting governmental authority and fostering good governance. The notion that free speech and the press were necessary for a free society and individual liberty was well-known in both America and England (Rabban 1985, 802). These ideas about the right to free speech were prevalent even before the Sedition Act of 1798 and had a significant impact on how the First Amendment was interpreted (Rabban 1985, 802).
Early cases like the Bradford case (1694) added to the Zenger case’s questioning of the common law's long-standing definition of seditious libel. They brought up arguments that the jury should decide whether a publication was seditious and challenged the notion that true remarks might constitute libel (Rabban and Levy 1985). This demonstrated the widespread resistance to the idea of seditious libel in eighteenth-century England and colonial America. Levy however find that these early cases and thinkers such as Cato did not go far enough in their libertarianism regarding Freedom of the Press (Rabban 1985, 802).
These arguments were accompanied by theoretical defenses of political expression rights. Different individuals asserted that freedom of speech and the press were crucial for limiting governmental power and upholding a free society, both in England and the American colonies. There is a grand shift between freedom of expression, seditious libel, and freedom of the press before and after the American Revolution (Rabban 1985, 804). The press enjoyed less actual freedom in the years leading up to the American Revolution than it did during the majority of the colonial period. Speaking out against the cause of the Revolution was silenced by those in favor of independence, which curbed freedom of expression (Rabban 1985, 805). Following the Revolution, many states continued to pursue seditious libel cases, and grand juries were more inclined to recommend indictments—especially in light of the Sedition Act of 1798. Seditious libel was not often challenged by libel victims in this era (Rabban 1985, 805).
However, in modern-day America, most restrictions of freedom of expression, including that of the press, are limited. Slander, obscenity, pornography, sedition, incitement, fighting words, violation of copyright, trade secrets, food labeling, non-disclosure agreements, the right to privacy, public safety, and perjury are examples of common restrictions on the press. Outside of that, there are no other limits on the Press (Cornell Legal Information Institute). However, 57% of U.S. journalists are either extremely or very concerned about the freedom of the press as of 2023 (Pew Research 2023). More than 50 journalists were arrested or jailed in the US in 2021 while performing their jobs (Freedom Tracker). In 2022, reporters covering the school shooting in Uvalde were threatened with arrest, as well as prevented access from reporting in certain areas (Hernández and Farhi 2022). Journalists have been on high alert regarding potential future suppression of media in the U.S.
Meanwhile, in the United Kingdom, the print media tends to act mostly self-regulatory and functions without many statutory restrictions. Everyone including the media has the right to freedom of expression in the UK, according to the Human Rights Act (HRA). However, this right "may be subject to formalities, conditions, restrictions, or penalties as are prescribed by law and are necessary in a democratic society." (Murray et al. 2022). However, libel in the UK functions differently in the US for the press. Britain actually has stricter regulations on freedom of the press. Since the country's libel rules have historically made suing for libel an easy pursuit, oligarchs and other wealthy foreigners and businesses have utilized British courts to sue journalists for news they don't like (Global Campaign for Free Expression 2023). It is far easier to sue these journalists in the UK. In contrast to the US' constitutional tradition, laws in the UK penalizes speech critical of public officials. The UK allows for greater ability to protect one’s public image and reputation (Global Campaign for Free Expression 2023). In comparison to the aforementioned libel cases in the US, the limits of the media are far stricter.
In conclusion, there is a complicated and developing narrative to be found in the history of press freedom and early American democracy. The harsh use of seditious libel laws was vigorously resisted in early American history, with examples like the Zenger trial questioning accepted notions of libel. The theoretical foundations of free speech as a defense against excessive political power were well-established, laying the groundwork for the First Amendment's interpretation.
While there are certain limitations on the freedom of speech and the press in modern America, they are often only applicable to situations involving slander, obscenity, provocation, and issues related to public safety. However, recent instances of journalists receiving threats, being detained, and having their access restricted underscore growing worries about press freedom in the United States. The UK's libel rules albeit more relaxed have had a history of being exploited by companies upset by the media.
The appropriate balance to strike in this dynamic environment between defending free speech and attending to valid concerns is still up for discussion. It is clear that while the concepts of free speech are fundamental to democratic societies, how these concepts are actually put into practice can differ greatly, with repercussions for the media, public discourse, and individual liberty. In the ever-changing world, it is crucial to be attentive to defending and upholding the core ideals of freedom of expression and the press as these difficulties are negotiated (Global Campaign for Free Expression 2023).

Bibliography  

Cornell Legal Information Institute. “First Amendment.” LII / Legal Information Institute. Accessed September 22, 2023. https://www.law.cornell.edu/wex/first_amendment.

Freedom Tracker. “More than 50 Journalists Arrested or Detained While on the Job in the US in 2021.” U.S. Press Freedom Tracker. Accessed September 22, 2023. https://pressfreedomtracker.us/blog/arrests-of-journalists-remain-a-threat-to-a-free-press/.

Global Campaign for Free Expression. 2023. “Media Regulation in the United Kingdom.” September 2023. https://www.article19.org/data/files/pdfs/publications/uk-media-regulation.pdf.

Hernández, Arelis R., and Paul Farhi. 2022. “Journalists in Uvalde Are Stonewalled, Hassled, Threatened with Arrest.” The Washington Post, June 28, 2022. https://www.washingtonpost.com/media/2022/06/28/we-were-seen-enemies-journalists-uvalde-threatened-by-police/.

Murray, Calum, Fergus Nolan, Jessica Withey, Joanna Conway, and Katie Major. 2022. “Spotlight: Free Speech and Media Freedom in United Kingdom.” Deloitte Legal, November 21, 2022. https://www.lexology.com/library/detail.aspx?g=91802897-644e-4932-b0fc-eea0e84ed037.

Pew Research. 2023. “Most U.S. Journalists Are Concerned about Future Press Freedoms.” Pew Research Center. May 2, 2023. https://www.pewresearch.org/short-reads/2023/05/02/most-u-s-journalists-are-concerned-about-press-freedoms/.

Rabban, David M. 1985. “The Ahistorical Historian: Leonard Levy on Freedom of Expression in Early American History.” Stanford Law Review 37, no. 3 (February): 795-805. https://doi.org/10.2307/1228715.
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Freedom of Association/Fundamentally accepted

2023-10-26T14:43:42Z

Rubymayer: Created page with "{{Right section |right=Freedom of Association |section=History |question=Fundamentally accepted |questionHeading=When was it generally accepted as a fundamental, legally-protectable right? |pageLevel=Question |contents=The Freedom of Association only became formally recognized in the US in 1958 with the landmark NAACP v Alabama SCOTUS decision (“NAACP v. ALABAMA, 377 U.S. 288” 1964). Just after the Brown v Board of Education ruling the NAACP became incredibly active..."

{{Right section
|right=Freedom of Association
|section=History
|question=Fundamentally accepted
|questionHeading=When was it generally accepted as a fundamental, legally-protectable right?
|pageLevel=Question
|contents=The Freedom of Association only became formally recognized in the US in 1958 with the landmark NAACP v Alabama SCOTUS decision (“NAACP v. ALABAMA, 377 U.S. 288” 1964). Just after the Brown v Board of Education ruling the NAACP became incredibly active in Alabama. When the state tried to demand a list of the organization's members, the NAACP refused. Freedom of Association can be found in the majority opinion where Justice John Marshall Harlan II wrote “It is beyond debate that freedom to engage in association for the advancement of beliefs and ideas is an inseparable aspect of the ‘liberty’ assured by the Due Process Clause of the Fourteenth Amendment, which embraces freedom of speech.” (“NAACP v. ALABAMA, 377 U.S. 288” 1964). Since the NAACP was allowed to organize their political group as an association and were afforded the privacy and rights they argued in the case.
Prior to this, this right can be found in several U.S. cases leading up to the 1958 opinion. The Supreme Court did not always recognize Freedom of Association however. In 1886, a case centered on the forming of state militias, the Court declared that the government had the ability to regulate and prohibit associations “have the power to regulate or prohibit associations and meetings of the people, except in the case of peaceable assemblies.” (Cornell Legal Information Institute). The right to protest is clearly laid out here, while the Freedom of Association is denied. Later on, in a 1945 case, the Court applied the freedom of assembly stating, “[i]t was not by accident or coincidence that the rights to freedom in speech and press were coupled in a single guarantee with the rights of the people peaceably to assemble and to petition for redress of grievances. All these, though not identical, are inseparable.” This allowed unions to discuss benefits and consequences of organizing (“Thomas v. Collins, 323 U.S. 516 (1945)”). Throughout the 1950s, the Court started to refer to the freedom of association as a separate but related freedom, close to speech and assembly, found in the First Amendment. By 1958, the Court deemed it "beyond debate that freedom to engage in association for the advancement of beliefs and ideas is an inseparable aspect of" civil liberties like the freedom of speech. (Cornell Legal Information Institute).
Internationally, the earliest autonomous associations were founded by religion. The Roman Catholic Church was the most important institution in medieval Western Europe. It kept its own organization and self-government, even in the several states where it served as the recognized religion (“Freedom of Association: History”). They encouraged trade associations, guilds for artisans, and other associations, frequently with the consent of the nation's ruler, who was typically a monarch (“Freedom of Association: History”). Outside of the US, one of the first instances of the debate regarding Freedom of Association in terms of organized labor was in Great Britain. At the end of the 18th century, the Comination Acts suppressed attempts to organize unions (“Freedom of Association: History” n.d.). This caused radical reformers to protest, driving workers to violence. Eventually, the government backed the repeal of the Acts in 1824. This repeal served as Britain’s first major increase in the ability to organize and unionize. Despite some infringements on labor rights in the 1980s and 1990s, the Trade Union Congress is still a strong force in the United Kingdom’s politics and economy (“Freedom of Association: History”). This was an early implication through labor rights that Freedom of Association existed.
In order to address bad working conditions and social unrest, the ILO (International Labor Organization) devised a tripartite organization that included representatives from industry, labor, and government (“Freedom of Association: History”). The International Labor Organization (ILO) approved Convention No. 87 on freedom of association in 1948, and Convention No. 98 on the right to collectively bargain in 1949. As of 2013, 152 countries had ratified Convention No. 87, and 163 had ratified Convention No. 98, demonstrating how highly accepted these treaties are around the world (“Freedom of Association: History”). There are eight fundamental ILO conventions, some of which forbid child labor, forced labor, and employment discrimination. Only 14 of the 189 international standards treaties have been ratified by the US Senate, and only two of the eight core agreements (on forced labor in 1991 and child labor in 1999) have been ratified (“Freedom of Association: History”).
On the other hand, nations in the former Soviet Union approved ILO treaties without ever putting them into use. Communist nations argued that since the Communist Party and its affiliated labor organizations represented workers' interests, there was no need for free trade unions, which are highly specific to certain trades (“Overview of Freedom of Association”). Thus, Soviet trade unions were the antithesis of free association and an "anti-trade union" paradigm. The official unions didn't shield workers from exploitation; instead, they made them labor longer and harder to satisfy government demands (Constitution Annotated). In democratic nations, private companies occasionally adopted a similar strategy known as "company unionism," but the Soviet Union's methods were systematic in nature and a crucial component of the totalitarian regime. The Soviet Union imposed its model on its Eastern European satellite governments and exported it to other communist nations (Constitution Annotated). The largest country still using a Communist Party-controlled official union structure is the People's Republic of China (Constitution Annotated).
One of the ILO's greatest historical contributions was the inspiration and assistance it provided to Poland's Solidarity movement, which saw millions of workers rise up starting in 1980 and demand the implementation of Conventions 87 and 98 as well as the establishment of the right to form free unions (International Labor Organization 1982). As a result of the movement's success—10 million workers joined within a month of Solidarity's founding—a free trade union was officially recognized for the first time in a Communist nation. The Polish Solidarity Revolution had a tremendous impact on the entire Soviet bloc (International Labor Organization 1982). Solidarity's success was a rejection of the previous regimes. After seven years of nonviolent protest, Polish workers mounted a nationwide strike that compelled the government to re-legalize Solidarity and concede to partially free elections in June 1989, which ultimately led to the overthrow of the government (International Labor Organization 1982). Soon after, the Soviet Union as a whole disintegrated, paving the way for the rise of several new republics. Small clandestine publications that explained to employees their rights under ILO treaties served as the foundation for the entire operation (International Labor Organization 1982).

References:

Constitution Annotated. “Overview of Freedom of Association.” Library of Congress. Accessed September 11, 2023. https://constitution.congress.gov/browse/essay/amdt1-8-1/ALDE_00013139/.

Cornell Legal Information Institute.“Overview of Freedom of Association.” LII / Legal Information Institute. Accessed September 11, 2023a. https://www.law.cornell.edu/constitution-conan/amendment-1/overview-of-freedom-of-association.

“PRESSER v. STATE OF ILLINOIS.” LII / Legal Information Institute. Accessed September 11, 2023b. https://www.law.cornell.edu/supremecourt/text/116/252.

“Freedom of Association: History.” Democracy Web. Accessed September 11, 2023. https://democracyweb.org/freedom-of-association-history.

International Labor Organization. 1982. “Interim Report - Report No 217, June 1982.” June 1982. https://www.ilo.org/dyn/normlex/en/f?p=1000:50002:0::NO:50002:P50002_COMPLAINT_TEXT_ID:2900704.

“NAACP v. ALABAMA, 377 U.S. 288 (1964).” FindLaw. Accessed September 11, 2023. https://caselaw.findlaw.com/court/us-supreme-court/377/288.html.

“Overview of Freedom of Association.” Library of Congress. Accessed September 11, 2023. https://constitution.congress.gov/browse/essay/amdt1-8-1/ALDE_00013139/.

“Thomas v. Collins, 323 U.S. 516 (1945).” Justia Law. Accessed September 11, 2023. https://supreme.justia.com/cases/federal/us/323/516/.
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