Law and Ethics in Journalism - Freedom of Speech
Subject > Social Science Essays > Communication Studies
The liberty of the press is indeed essential to the nature of a free state; but this consists in laying no previous restraints upon publications, and not in freedom from censure for criminal matter when published. Every freeman has an undoubted right to lay what sentiments he pleases before the public; to forbid this, is to destroy the freedom of the press; but if he publishes what is improper, mischievous or illegal, he must take the consequence of his own temerity." (Blackstone)Journalists and their associations can be called upon to defend their freedom against those who are critical of the media and its operations, which often result in a journalist being sued for defaming a person, or organisations reputation, or ...
... attempts to halt ongoing publication and prevent its resumption. These injunctions are also usually considered to be cases of prior restraint, because future publications are stopped before they start.
In conclusion, while there are many areas of the defamation laws, it contradicts the notion of the freedom of the press. Journalists and news gathering organisations are now hesitant to write news about people or large and powerful organisations with the fear of being sued for defamation. Thomas Jefferson had the right idea when he said, No government ought to be without censors, and where the press is free, no one ever will. If virtuous, it need not fear the fair operation of attack and defence.
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