FREEDOM OF THE PRESS, CENSORSHIP,

AND FREEDOM OF RELIGION

Freedom of the Press is guaranteed by the first amendment

Protects from government censorship of reading materials, television, and film

Censorship-When government examines publications and productions and prohibits them use of material it finds offensive

1966-Supreme Court says “Justice cannot be served behind walls of silence”

No secret trials Freedom of the press can collide with other

rightsI.E: Right to fair trial, Right to privacy

Aggressive Journalism Stories and photographs of people’s lived when they

believed they were in a private setting Debate over whether aggressive journalism is an

invasion of privacy or is protected by freedom of press Gag order-press cannot release any evidence or

confessions during a pretrial hearing Prior Restraint- censorship before publication Only allowed if:

Publication would cause certain, serious, and irreparable harm

No lesser means would prevent the harm Prior restraint would be effective in avoiding the harm

US Supreme Court ruled public and press have the right to criminal trials except When government interests are at stake and there are no

less restrictive way to satisfy those interests

Pentagon Papers Documents outlining America’s conduct in the Vietnam War

Supreme Court rules to not stop publication since the documents, while embarrassing, would not cause direct, immediate, irreparable harm

Freedom of Information Act (FOIA) (1966) Law requiring federal agencies to release information to the

public Allows citizens to obtain government information and records

except when information contains: National defense or foreign policy details Personnel and medical records Trade files Investigatory records

Agencies must respond to requests for information within 20 days

Agencies that refuse to release unprivileged information can ne sued in federal court

Qualified Privilege-Allows reporters access to confidential conversation without giving the name of the source

Shield Laws- State laws that give journalists qualified privilegesMore than half the states have shield laws

Religion Freedom of religion guaranteed by First Amendment Establishment Clause-Forbids government from setting up

a state religion. Also prevents government from endorsing or supporting religion and from preferring one over another

Free Exercise Clause-Protects rights of individuals to worship or believe as they choose

Government should remain neutral towards religion Government should not favor one religion over another or

religion over non-religion in its actions and laws. However government should attempt to accommodate

religious beliefs and practices, as long as it does not establish a state religion

Between 1791 and 1940, US Supreme Court heard 5 cases dealing with church-state relations.

Since then, Court has heard more than 100 cases, half since 1980.

Courts have upheld traditions such as: “In God We Trust” on money, references to God in the Pledge of Allegiance, and prayers beginning sessions in state legislatures, Congress, and Supreme Court as not violating the First Amendment

Establishment ClauseAlso called Separation of Church and State

○ Dubbed by Thomas JeffersonForbids state and federal government from

setting up churches and from passing laws aiding one or all religions, or favoring one over another

Forbids government from passing laws barring or requiring citizen attendance at church or belief in any religious idea.

Separation of Church and State is not completeChurches do not pay real estate taxes, though

they receive government services such as police and fire protection

Establishment Clause is one of most controversial cases the Supreme Court handles

Justices pay close attention to facts of the case and relying on relied on tests to render a decision Endorsement Test

○ Does the challenged law or action has the purpose or effect of endorsing religion in the eyes of the members of the community?

Supreme Court also uses a three-part test to determine whether a law or action meets the requirements of the establishment clause 1.The challenged law must have a secular (nonreligious)

purpose 2.The primary effect of the law or action must be to neither

advance nor inhibit (hold back) religion 3. The operation of the law or action must not foster

excessive entanglement of government with religion

Parochial schools (religious schools such as North Myrtle Beach Christian School) receive some forms of aid from the government for students and their parents such as bus transportation and loans of certain textbooks provided by the state.

Supreme Court has declared that public school sponsored prayer violates the establishment clause

Voluntary school sponsored prayer (or school sponsored daily Bible reading or recitation of the Lord’s Prayer) has been found to be unconstitutional too

Free Exercise ClauseProtects rights of individuals to worship as

they choose.If the government intentionally acts to

interfere with religious practice, they Court will almost always protect the religious practice.○ I.E: Animal Sacrifice

Actions based on religious beliefs may be restricted if they violate an important government interest.○ I.E: Polygamy (advocated for by Mormons)