PRESS

FREEDOM

08 February 2011
 1987 Constitution
Article III Section 4
No law shall be passed
abridging the freedom of speech,
of expression, or of the press, or
the right of the people peaceably
to assemble and petition the
government for redress of
grievances.
Freedom of
expression Due process

Article III Section 1

No person shall be deprived of life, liberty, and
property without due process of law, nor shall any
person be denied the equal protection of the laws.

Two aspects of due process –

Procedural – a law that hears before it
condemns (Daniel Webster)
Substantive – the law itself must be fair,
reasonable & just, and must not be arbitrary
The constitutional guaranty
of press freedom covers:
(a) discussion
(b) advocacy
(c) statements of facts
(d) statements of opinions
and ideas
 Four aspects of
the freedom of the press:
(1) freedom from prior restraint
(2) freedom from punishment
subsequent to publication
(3) freedom of access to
information
(4) freedom of circulation
 Freedom from prior restraint
• freedom from government
censorship of publications, i.e., no
license is needed before a publication
can be printed

• there are certain types of mass

media, which are subject to
government regulation
 SAMPLE CASES
1- a prior license is required for the
operation of a radio station due to the
necessity of regulating radio traffic, in
order to prevent interference and
confusion
2 - a permit is required before a particular
film can be shown in public because
(a) moving pictures has a greater capacity for
evil, especially among the young, and
(b) a debate on the issues presented is not
possible.
 Freedom from punishment
subsequent to publication
• no liability for harmless publications,
i.e., opinions on public issues cannot be
punished when published, merely
because they are novel or controversial
or because they clash with current
doctrines
• must be truthful, must concern
something in which people in general
take a healthy interest, and must not
endanger some important social end
 3 Major Criteria (Doctrines)
for subsequent punishment
1. Dangerous Tendency Rule
Not necessary to create evil; a mere tendency
toward evil is enough
2. Clear and Present Danger
Danger is not only probable but must be very
likely inevitable
3. Balancing of Interests test
The court determines which of two conflicting
interests demands the greater protection
under prevailing circumstances
 Exempt from punishment:

1. Privileged matters, including—

a. Fair and true reports of official

proceedings (in all branches of the government)
b. Fair and true reports of official acts
performed in the regular course of public
business.
c. Fair and true reports of matters of public
concern, esp. on government affairs.
d. Fair comment on matters of public
interest
Exempt from punishment:
2. Matters of legitimate public concern
and interest include—
a. Reports of current news.
b. Reports on public personages
3. Discussions or advocacy of novel or
alien doctrines/ideas so long as these do
not constitute a “clear and present
danger” to national security of public
order
4. Narration of facts or fiction in literary
form, so long as these are not offensive
or obscene.
 Freedom of access to
information
Article III Section 7
The right of the people to information on
matters of public concern shall be recognized.
Access to official records & documents, and
papers pertaining to official acts, transactions,
transactions, or decisions as well as to
government research data used as basis for
policy development, shall be afforded the
citizen, subject to such limitations as may be
provided by law.
 Freedom of access to
information
• The mass media have a common-law
right to inspect public records for the
purpose of securing information or
data for publication
• an officer in charge of public records
has the duty to allow representatives
of the press access to these records;
in case of refusal, he may be
compelled to do so by court order
 Freedom of access to
information
• there are special and reasonable causes
for government proceedings to held
behind closed doors; in such cases,
records are declared confidential
• information obtained confidentially may
be printed without naming the source
and that source is closed to official
inquiry, unless the courts or Congress
decide the source be revealed for the
security of the State.
 The Supreme Court
acknowledges the authority of the
Director of Posts to exclude from the
mails written or printed matter or
photographs of an obscene,
lascivious, filthy, indecent or libelous
character.

Such is an offense against

decency and good customs and so
the restriction is valid.
 Freedom of circulation
• unhampered distribution of
newspapers and other media among
the public
• government limits/restricts
circulation by requiring the payment
of a fee/tax imposed either on the
publisher or on the distributor
Censorship is justified when
there is possible injury
(1) to the public order or
security,
(2) to the public morals,
(3) to private reputation and
the right of privacy, or
(4) to the integrity or
efficiency of public bodies
like Congress and the courts
 A main source of restrictions on
the right of the citizens to freely
discuss questions in print is our
economic system.

This is seldom within the power

of the law to correct
The business nature of media gives
to only a few people unlimited
discretion in determining
newspaper policies.
 Newspapers require the use of
much capital; and to all practical
intent, it is inevitable in our
society that control over the
papers be in the hands of big
business.
Newspapers are in business
and will mend their bad habits
should the public threaten
withdrawal of patronage.