Freedom Of Press Essay, Research Paper
From the moment she stepped foot outside, Princess Diana of Whales had camera
lenses and microphones pushed in her face. She was constantly pursued and for
this reason she sometimes had to hide or disguise herself in order to avoid the
unyielding persistence and constant harassment of the press. Eugene Robinson, a
journalist in England said, "For the tabloids, day in and day out, no story
is bigger than the royal family. All the tabloids employ royal-watching
reporters, some of whom have become celebrities in their own right. The story of
Princess Diana of Whales was the biggest story of all." (Sabjan, 1998)
Princess Diana could not even stay out of the public eye when she was behind the
walls of the royal estate. The press broke the story of her failing marriage,
her intercepted phone conversation with a male friend, and finally her new
relationship. The Princess often complained about the coverage, saying "Any
sane person would have left (Britain) long ago." (Sabjan, 1998) But with an
abundant amount of freelance photographers stalking her every move upon her
leaving Kensington Palace, that idea proved impossible. Pushed almost to the
edge by constant press harassment, Princess Diana was ready to consider making
an attempt to avoid the public altogether. During her last interview, Princess
Diana told writer Richard Kay that she was "Going to complete her
obligations to her charities and then completely withdraw from her formal public
life." (Sabjan, 1998) The public had forced itself into the life of a
celebrity and caused the pressure from the media to become overwhelming.
Princess Diana did stay in England, however, and used the incredible amounts of
media attention to her advantage. Princess Diana had numerous charities and good
causes that were important to her so she used the press to promote them, all the
while helping to shape her own image. Unfortunately, in the case of Princess
Diana, the press and their use of aggressive tactics resulted in a tragedy.
Princess Diana and her friend Dodi Al-Fayed had just left the Ritz Hotel in
Paris, France, late Saturday night, August 30, 1997. Sending a regular chauffeur
and limousine ahead as a decoy, Princess Diana and Al-Fayed left out of a
different hotel entrance and entered a Mercedes S-280 driven by Henri Paul. Some
photographers saw this, and began to follow the Mercedes on motorcycles and
cars. Henri Paul tried to lose the photographers as he increased the car’s
speed, but the photographers continued to follow, chasing the car through the
streets. Eyewitnesses saw the motorcycles swarming the Mercedes as it entered a
tunnel traveling over 60 miles per hour. The speed limit in the tunnel was 30
miles per hour. Inside the tunnel, the Mercedes hit a curb, lost control, and
slammed into a concrete barrier post, then flipped several times. Dodi Al-Fayed
and driver Henri Paul were killed at the scene of the accident. Princess Diana
was brought to a hospital where doctors had to open her chest to fix a wound to
a major blood vessel. Princess Diana’s heart was directly massaged for 2 hours,
but the doctors were unsuccessful in saving her life. Princess Diana was
pronounced dead at the hospital 4 hours after the accident. (Sabjan, 1998) Soon
after their deaths, seven of the photographers were arrested, declared by police
as manslaughter suspects because they were the reason the car was speeding in
the first place. The Princess’ death had a large impact on the United States.
She was a public figure that others could model their lives after and she was
involved in several charities in the United States. The First Amendment to the
United States Constitution grants the press immunity, but several arguments have
risen for some type of further regulation. The press has an extensive history
that must be observed and understood for an accurate analysis of the problems
that face the press today. When the United States Constitution was written in
1787, primary authors James Madison and Alexander Hamilton had to
"sell" it to the American people. The Constitution articles were
written in newspapers throughout the country. These articles are now
collectively known as The Federalist Papers. Without these articles, it is
doubtful that the experiment known as The United States would have ever
happened. Seeing the power of the press, the founding fathers guaranteed its
complete freedom on the first amendment to the Constitution. (Schwartz, 1992,
p.174) The Freedom of the press was designed to act as another independent
outside check system. A check on either the Executive, Legislature, or Judiciary
branch of the government. (Wilson, 1999) Along with this responsibility, the
freedom of the press clause was designed to lead to an informed populace. As
Thomas Jefferson said, "The basis of our government being the opinion of
the people, the very first object should be to keep that right, and were it left
to me to decide whether we should have a government without newspapers, or
newspapers without a government, I should not hesitate for a moment to prefer
the latter." (Schwartz, 1992, p.18) "The Press" is an extremely
broad term and includes all systems that make information available to the
public: newspapers, television, radio, magazines, books, lectures, movies, art,
dance, telephone, cassettes, CDs, video discs, electronic bulletin boards,
computer networks, billboards, and so on. It is generally referred to as
"The Press" because the founding fathers, who wrote the freedom of the
press into the Constitution, knew only of the printing press, at that time the
most popular form of mass communication. Today, because of it’s variety, it is
known as "The media." "The media" would continue to present
the public with information that influenced our society in several diverse ways.
One of the most influential books of the 1800s was Harriet Beecher Stowe’s Uncle
Tom’s Cabin. Published in 1852, Stowe portrayed African American slaves as human
beings, rather than animals with petty uses, and their white owner, Simon Legree,
as the novel’s villain. The book became extremely successful, selling over
300,000 copies in its first year. (Levy, 1999, p. 91) Of these 300,000, a
countless number were purchased in the South with the sole purpose of burning
it. However, this book swayed popular opinion in the North towards the abolition
of slavery. Without Uncle Tom’s Cabin, anti- slavery might never have been a
major cause of the Civil War (Levy, 1999, p.93) In 1906, a book entitled The
Jungle was written by Upton Sinclair. Using groundbreaking techniques in
investigative reporting, Sinclair exposed to the public the deplorable
conditions at a Chicago meat packing industry. Sinclair worked undercover, then
wrote about the conditions he observed in his book. The Jungle changed the way
food products were handled in the United States, when in response to the book,
the government founded the Food and Drug Administration to prevent further
widespread food handling abuse. (McWilliams, 1998) In the late 1930s, American’s
were gently prodded into taking sides in World War II by what they heard on the
radio. From Germany, American’s heard the incoherent sounds of a ranting lunatic
followed by masses lock-stepping and shouting, "Sieg Heil! Sieg Heil!"
From England however, American’s heard the warm, gentle, sometimes humorous
voice of Winston Churchill. Surely it would be okay to lend this nice man some
boats and lease him a few airplanes. And so, lend-lease was born, and the United
States was no longer neutral. (Levy, 1999, p.114) The free press was responsible
for major changes in America’s society. From the American Revolution, to the
civil war, to the World Wars, the Press of America has shaped the way the public
views and interprets certain events. It is important for Journalists to remember
however, that they are responsible for informing the public in a certain
fashion. Article IV of the American Society of Newspaper Editors (ASNE)
Statement of Principals, entitled "Truth and Accuracy," states that
"Good faith with the reader is the foundation of good journalism." (Iggers,
1998, p.39) In order for the press to maintain "Good Faith" with the
reader, they must follow certain guidelines or ethics. The Society of
Professional Journalists gathered in 1996 to revise their previous codes,
established in 1926. The society focused on four primary aspects of
newsgathering and reporting. The first being seeking and reporting the truth. (Iggers,
1998, p. 40) According to the Society, Journalists should take many steps in
assuring themselves that the information they have gathered is truthful and
accurate. In order to do so, the Society suggests that the reporting journalists
should test the accuracy of their information. Journalists should always seek
out the subjects of their reporting and give them the opportunity to respond to
the allegations that are being brought up against them, while identifying their
sources, which should be checked thoroughly for reliability, and never
plagiarized. By following these guidelines, the harm induced on those being
reported is minimized, which is the Society’s next aspect in their code of
ethics. (Iggers, 1998, p. 42) To minimize the harm caused to those being
reported, journalists are simply reminded to be sensitive when seeking
interviews or photos of people affected by tragedy or grief, realizing that
private people have a right to control certain amounts of information regarding
themselves. (Iggers, 1998, p. 42) In doing so, journalists become more respected
by the public, and become accountable for their reports, the third aspect of the
Society’s code. The Society states that in order for a journalist to be
accountable for their reporting, they must admit any to any mistakes they may
have made, and attempt to correct them immediately. Journalists should clarify
their coverage and invite the public to discuss and voice any grievances against
the news media that they may have, as well as properly exposing unethical
practices of fellow journalists and the news media. (Iggers, 1998, p. 43) In
doing this, journalists will be working independently, the Society’s final rule.
Journalists must remain free of associations that could damage their own
personal credibility, which may involve accepting gifts, favors or concealed
fees in exchange for reporting something your that benefits their source,
contradicting the interests of the public. (Iggers, 1998, p.38-47) Journalists
have these guidelines to help them concentrate their efforts to reporting
honestly and accurately. There are some journalists however, that choose not to
follow such guidelines. That is why there are limitations on how journalists
obtain their information, and how that information is reported. The First
Amendment does not list any specific exceptions, but it does not protect all
types of speech and press. The US Government can limit the freedom of the press
when it comes to the invasion of one’s privacy. Privacy in a tort concept
embraces four branches of protected interests: protection from unreasonable
intrusion upon one’s seclusion, from appropriation of one’s name or likeness,
from unreasonable publicity given to one’s private life, and from publicity
which unreasonably places one in a false light before the public. (FindLaw
Constitution, 1998) The Sedition Act of 1798 made criminal the malicious
writings which defamed, brought into contempt of disrepute, or excited the
hatred of the people against the Government, the President, or the Congress, or
which stirred people to sedition. (FindLaw Constitution, 1998) The press can be
sued for libel if the reported material involves those who are not public
figures or public officials that do not have the burden of proving that the
publication was done with a reckless disregard of the truth. Libel occurs when a
statement that is false about an identifiable person is published to a third
party, causing injury to the subject’s reputation. (Schwartz, 1991, p. 59)
Through million dollar damage settlements, high-profile lawsuits and fraud, the
credibility of the press is continually being questioned. Although the First
Amendment immunizes the press against liability to public figures for most
damages resulting from unfavorable coverage, a majority of the population
believes this freedom has impelled the press to go to far in obtaining news. The
Press greatly affects many people in different negative ways. Possibly the most
often and exclusively covered are those involved in mainstream politics,
especially when the members of the congress or other important positions in the
government do something that contradicts what is acceptable in society today.
One of the most prominent events in this nation’s political history occurred
recently when current President Bill Clinton was romantically involved with a
woman other than his wife. In 1995, Monica Lewinsky, a recent graduate of Lewis
and Clark College in Portland, OR, began an internship at the White House in
Washington, D.C. She quickly became close acquaintances with the President, as
she transferred to a job in which she worked very closely to him. (Isikof, 1998)
Linda Tripp, a friend of Monica Lewinsky’s, taped several phone conversations
that she had with Ms. Lewinsky in which Ms. Lewinsky talked about giving oral
sex to the President in a private study in the oval office. These tapes were
then turned over to Kenneth Starr. Independent counsel Kenneth Starr led the
Whitewater investigation, which were financial situations that Bill Clinton and
his wife Hilary were involved in previous to Clinton’s first term as President,
when he was the Governor of Arkansas. (Isikof, 1998) Starr wrote and sent a
445-page report on President Clinton and his acts of perjury to the House
Judiciary Committee on Sept. 9, 1998. Clinton was accused of lying under oath
regarding his relationship with Monica Lewinsky and impeding justice when he
supposedly told Monica to lie about their relationship. The historic report,
which was released to the American public, outlined 11 possible grounds for
impeachment and contained explicit descriptions of Clinton’s sexual encounters
with Monica Lewinsky. (isikof, 1998) For months the evening news was dominated
by in depth discussion focusing directly on the President and his physical
relationship with Monica Lewinsky. The Starr report was available to anyone in
America over the internet. Summaries were printed in nearly all newspapers and
magazines, and continued discussion swarmed everywhere on television and radio
programs. Despite the fact that Clinton was accused of committing perjury, the
American public remained on his side. 64%2 of Americans polled said they wanted
Bill Clinton to remain in office. Even after all of the negative publicity that
the President had received, the American public was still behind him, and it was
not because the American public believed that the President was innocent of the
charges. Seventy nine percent of those polled believed he was guilty of perjury.
However, 68% of those polled believed that Clinton was performing his duties as
President extremely well, and that the press was overly invading his personal
life, which the press is often accused of. (Holland, 1998) The press has been
accused of having a profoundly negative impact on the lives of public figures.
In the last 30 years, journalism has changed from reporting only what was of
importance to the public, to focusing on the private events of public figure’s
lives. As Jeremy Iggers, author of Good News, Bad News said it, "Network
television news has become a world of UFOs, psychics, daydreams, miracle cures,
cuddly animals, O.J. Simpson1, Jon Benet Ramsey, and from time to time, at least
for a few minutes, actual news." (Iggers, 1998, p. 114) It is extremely
easy to find a case in which the press held the right to privacy in disregard.
John F. Kennedy Jr. was in the spotlight of the press his entire life, following
in his father’s footsteps. He life was followed by millions around the world. He
became a prominent prosecutor in New York, then started a new political and
socially orientated magazine entitled "George." Kennedy Jr. married
Carolyn Bessette in 1996, and life was going well for him. Then in 1999, tragedy