3.4 Freedom of the Press

Why is the Freedom of the Press required?

In a society in which the power to govern is in the hands of the people, we must have a free press to report to us what our elected officials are doing so we can keep them accountable

What is Prior Restraint

The government’s attempt to prohibit the release of a story prior to its publication

Why can Prior Restraint be bad for citizens?

It leaves citizens uninformed about what their elected officials are doing, despite the power to govern resting in the hands of the people. They might unknowingly support policies that harm their interests. Making prior restraint a threat to transparency and democracy

What was the decision of NY Times v. United States?

The publication of the Pentagon Papers was constitutional based on the NY Time’s first amendment right to Freedom of the Press. Their publication did not pose a threat to national security, as argued by Nixon. Therefore, their publication should not be prohibited, as it would inform citizens about what their elected officials are doing, removing transparency.