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AP US Government
Unit 3 Overview: Civil Liberties and Civil Rights
3.1 The Bill of Rights
3.2 First Amendment: Freedom of Religion
3.3 First Amendment: Freedom of Speech
3.4 First Amendment: Freedom of the Press
3.5 Second Amendment: Rights to Bear Arms
3.6 Amendments: Balancing Individual Freedom with Public Order and Safety
3.7 Selective Incorporation & the 14th Amendment
3.8 Amendments: Due Process and the Rights of the Accused
3.9 Amendments: Due Process and the Right to Privacy
3.10 Social Movements and Equal Protection
3.11 Government Responses to Social Movements
3.12 Balancing Minority and Majority Rights
3.13 Affirmative Action
3.14 Multiple Choice Questions
3.14 Required Supreme Court Cases
3.15 MC Answers and Review

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3.4 First Amendment: Freedom of the Press

Verified for the 2025 AP US Government exam•Last Updated on March 3, 2025

The First Amendment also guarantees freedom of the press. The right to a free press is considered one of the cornerstones of a democratic society, as it allows for the dissemination of information and ideas, as well as serves as a check against government power and abuse. 🎞️

The framers of the Constitution recognized the importance of a free press and included it in the First Amendment to ensure that the government would not be able to control or suppress the flow of information. The First Amendment protects both the right to print and distribute news and opinions, as well as the right of journalists to gather and report information without interference from the government.

Source: Freedom House

Illustrative Example: New York Times Co. v. United States (1971)

Freedom of the press has been greatly disputed over the years. An example of this is during the 1971 Pentagon Papers scandal. The Pentagon Papers were a secret report of American involvement in Vietnam that was leaked by Daniel Ellsberg, a reporter at the NY Times. 😳

This ultimately escalated towards the Supreme Course case of New York Times Co. v. United States (1971) reinforced the principle of freedom of the press in the United States, particularly when it comes to matters of national security. The Supreme Court in this case established a strong principle against government censorship or prior restraint of the press, which refers to the practice of preventing information from being published in the first place.

The case arose when the government sought to enjoin the New York Times from publishing classified information about the Vietnam War, claiming that it would harm national security by violating the Espionage Act of 1917. The Supreme Court ruled that the newspaper could publish the papers without prior restraint because their publishing did not lead to the “inevitable, direct, and immediate event imperiling the safety of American forces.”

This ruling established a "heavy presumption against prior restraint," meaning that the government must demonstrate a compelling interest in preventing the publication of information and that no alternative means exist to protect that interest. This decision has been considered a significant landmark in the history of the First Amendment, as it reinforced the principle that freedom of the press is a cornerstone of a democratic society and must be protected, even in cases involving national security. ⛓️

Source: OCLRE

🎥 Watch: AP GOPO - Req. Supreme Court Cases (1st-10th Amendments)

Key Terms to Review (13)

Constitution: The Constitution is the foundational legal document of the United States that outlines the framework of government, establishes the separation of powers, and protects individual rights. It embodies the principles of democracy and federalism, guiding the relationship between states and the federal government while also reflecting the ideals of liberty and justice.
Daniel Ellsberg: Daniel Ellsberg is a former military analyst who became famous for leaking the Pentagon Papers in 1971, which revealed previously hidden information about the United States' involvement in the Vietnam War. His actions sparked a national debate about government transparency, press freedom, and the public's right to know, all of which are central themes connected to the First Amendment.
Democratic Society: A democratic society is a form of governance in which power is vested in the people, who exercise that power directly or through elected representatives. It emphasizes the importance of individual rights, freedom of expression, and active participation in political processes. The concept is closely linked to principles such as majority rule, minority rights, and the protection of civil liberties, all of which are essential for maintaining a fair and just political system.
Espionage Act of 1917: The Espionage Act of 1917 was a United States federal law enacted to prohibit interference with military operations, support of U.S. enemies during wartime, and to prevent the disclosure of national defense information. This act played a crucial role in the regulation of free speech during times of conflict, raising questions about the limits of the First Amendment rights to free speech and expression, especially during World War I.
First Amendment: The First Amendment to the United States Constitution is a foundational legal provision that guarantees essential freedoms, including the freedom of speech, religion, press, assembly, and petition. It plays a crucial role in protecting individual liberties and limiting government power, influencing the dynamics of democracy and civil rights throughout American history.
Freedom of Press: Freedom of Press is the right of individuals to express opinions and disseminate information through various media without government interference or censorship. This principle is a vital part of a democratic society, as it allows for open dialogue, accountability of government actions, and the protection of individual liberties. Its significance is underscored by its inclusion in key historical documents that shape citizens' rights and the limits of governmental power.
Government Censorship: Government censorship refers to the suppression or regulation of speech, communication, or information by authorities in order to control what is disseminated to the public. This practice often raises significant concerns regarding the First Amendment rights, which protect freedom of speech and press, leading to ongoing debates about the balance between national security and individual freedoms.
Heavy Presumption Against Prior Restraint: Heavy presumption against prior restraint refers to the legal principle that any government action aimed at restricting or censoring speech before it occurs is presumed to be unconstitutional. This concept emphasizes the First Amendment's protection of free speech, placing a significant burden on the government to justify any attempts to suppress expression before it takes place.
National Security: National security refers to the protection and defense of a nation's sovereignty, territorial integrity, and interests against external threats. It encompasses a wide range of areas including military defense, economic stability, and diplomatic relations, playing a critical role in shaping government policies and actions.
New York Times Co. v. United States: New York Times Co. v. United States is a landmark Supreme Court case from 1971 that established the principle of prior restraint in relation to freedom of the press. The case arose when the government attempted to prevent the New York Times from publishing the Pentagon Papers, a classified document detailing U.S. political and military involvement in Vietnam. The ruling reinforced the First Amendment's protection of press freedom and underscored the importance of a free and open discourse in a democratic society.
Pentagon Papers: The Pentagon Papers refer to a classified Department of Defense report that detailed the United States' political and military involvement in Vietnam from 1945 to 1967. The release of these documents in 1971 revealed that the government had misled the public about the scope and nature of U.S. involvement in Vietnam, raising significant First Amendment issues regarding freedom of the press and government censorship.
Prior Restraint: Prior restraint refers to a legal doctrine that prohibits the government from prohibiting speech or other expression before it takes place. This concept is a critical aspect of First Amendment rights, emphasizing the importance of free speech and the presumption against censorship. It reflects the belief that freedom of expression should be protected unless there is a clear and compelling justification for restricting it.
Supreme Court: The Supreme Court is the highest judicial authority in the United States, established by the Constitution, responsible for interpreting laws and ensuring justice. It serves as a check on the other branches of government, influencing policy and protecting individual rights through its rulings.
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3.5 Second Amendment: Rights to Bear Arms