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The Libertarian (Liberal) Theory of the Press
-The function of the press is to protect the people’s liberties and rights

-Inform the public and encourage them to participate as citizens in democratic self-government.

-Supports the freedom to inform citizens and criticize public policy.

-To publish and express oneself freely is a fundamental right of free individuals.

-A free marketplace of ideas is the best safeguard in the long run for a free and liberal society.

-Complete freedom is needed to know the "truth" and self-govern effectively.

Forms of Suppression and Censorship (PRESS CONTROL)
1. Prior restraint- the government setting restrictions on publications.

2. Punishment for publication- a violation of publishing restrictions lead to arrest.

Stabilitty of the State: English Roots and Press Freedom

(Printing Press, Stamp Act, Licensing Act)

-The invention of the printing press by Johann Gutenberg in 1440, made people more literate.

-1st book/bible published in England 1455. Called the Gutenberg bible.

-The monarchy of england feared the development of the printing press and growing literacy because they feared the people would rebel against the government.(wanted them to depend on the Catholic church for direction.

-King Henry VIIIin 1529, issued a list of prohibited books. 1530, he instituted the first licensing act (license to publish).

-The Stamp Act (1765) was Parliament's first serious attempt to assert governmental authority over the colonies.

*Eventually led to the Stamp Act and other movements that punished and limited publishing privileges.

Seditious Libel (The trial of Peter Zenger 1735)
-Seditious Libel= the crime of criticizing the government through political expression, and publishing false information.

-Peter Zenger, a German printer, was accused by William Cosby for publishing false information about the government.

-Zenger's lawyer was Andrew Hamilton, most talented lawyers.

-Hamilton argued that Zenger shouldn't receive conviction for working under a corrupt government, therefore he should have the right to speak his mind about their treatment.

Conclude: Zenger and Hamilton won, not guilty.

Edward Murrow vs. Joseph McCarthy

Edward Murrow (CBS News)
-Edward R. Murrow set the standard for television journalism.

-Collagues: Fred Friendly(Hear/See it Now) and Walter Cronkite (said the Vietnam War was unwinnable)

-He believed there is only one side to every story, the truthful one.

-Connected politics and journalism: The journalist must question authority.

-Investigated government action during war(against Germany, Korea, GB) and shared findings with American viewers.

-He remained firm while confronting the paranoia of McCarthyism at home in 1954.

-McCarthyism- encouraged the fear of Communism in America (1940's and 50's)Question everyone.

The Pentagon Papers
-The government's attempt to propose prior restraint to published information. The government's attempt to control the press. The media won by political terms.
Stability of the State (continued)
Stability of the state refers to the idea that the "safety, stability, and welfare of the state" is the highest priority of any monarchy, government, or society. Anything that might interfere with this safety and stability must be suppressed or controlled.
No Prior Restraint (accurate!!)
-A government or state shouldn't impose controls on writers and publishers before something is published.

-But, a government or state may still impose penalties on writers and publishers for what they do publish.

Enlightenment Philosophy
Three ideas emerged

1.The importance of the informed citizen;

2.The desirabilityof a freee and open exchange of ideas

3.The right to criticize government.

The Libertarian Theory Ideas
1. The imporantance of the informed citizen.

2.The desirability of a free and open exchange of ideas.

3. The right to criticize the government, but adds the additional idea that government should not restrict the press.

Seditious Libel (book)
Freedom of the press is only extended so far as it did not assault the state or criticize the government to such an extent that it was held in disfavor or disrepute.
Alien and Sedition Acts of 1798
The acts prohibited "writing, uttering or publishing any false, scandalous and malicious writing" with the intent to "defame" or excite "contempt" toward the government fo the U.S.

-resulted in the fear of speaking out.

-instituted during John Adams presidency.

-After the French Revolution

-due to the growing number of immigrants in the United States, people feared another revolution could occur.

COMMON SENSE- Thomas Paine
-written in 1776, fueled the fires of independence.

-He believed that humans were ruled by God alone, that no king should be soverign over any man, and that "a government of our own is our natural right."

Alien Friends Act (1798)
-permitted the president to seize, detain, and deport any noncitizen he deemed as dangerous to the U.S. without requiring a hearing. (ended 1801)
Alien Registration Act (Smith Act)
-required all resident aliens (including Italian, German and Japanese) to register with the government. This act forbade any person from knowingly or willingly overthrowing the U.S. government by force.
Signing of the Executive Order (FDR)
-happened in 1942

-signed by Franklin D. Roosevelt

-This order allowed for the rapid detention of 120,000 individuals of Japanese descent in permanent camps.

-2/3rds American citizens/held for 3 yrs.

-Supreme Court called this unconstitutional, immoral, and racist efforts to stem disloyalty and sabotage from within the borders of the U.S.

Truman Doctrine
President Harry Truman vowed to eradicate any threats to U.S. freedom and claimed that any opposition to his plan would constitute disloyalty and a threat to the national security of the U.S.

Disloyalty=fascist, totalitarian, subversive and Communist

Xenophobia and Alien Enemies Act (1798)
Xenophobia-the fear of hatred of strangers or foreigners.

Alien Enemies Act- in the case of a declared war, citizens or subjects of an enemy nation residing in the US could be detained, confined or reported at the direction of the president"

Alien Act of 1918
Authorized the government to deport any alien who was a member of an anarchist organization.

Under the act, the government deported 11, 625 individuals.

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