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Bill of Rights<br />

The first ten<br />

amendments to<br />

the U.S.<br />

Constitution<br />

Chapter 5 Normative Theories of Mass Communication 103<br />

Independence, wavered in his commitment to press freedom and his faith in the<br />

self-righting principle. Jefferson, who famously affirmed Milton’s self-righting principle<br />

in a letter to a friend—“Were it left to me to decide whether we should have a<br />

government without newspapers or newspapers without government, I should not<br />

hesitate to prefer the latter” (quoted in Altschull, 1990, p. 117)—voiced deep frustration<br />

with scurrilous newspaper criticism during the second term of his presidency.<br />

Nevertheless, he placed Libertarian ideals at the heart of the United States’<br />

long-term experiment with democratic self-government. The revolution of the<br />

American Colonies against Britain was legitimized by those ideals. As Jefferson<br />

himself wrote in 1779, “That truth is great and will prevail if left to herself, that<br />

she is the proper and sufficient antagonist to error, and has nothing to fear from<br />

the conflict, unless by human interposition disarmed of her natural weapons, free<br />

argument and debate” (in Packer, 2006b, p. 59).<br />

John Keane (1991) identified three fundamental concepts underpinning the<br />

Founders’ belief in press freedom:<br />

1. Theology: media should serve as a forum allowing people to deduce between<br />

good and evil.<br />

2. Individual rights: press freedom is the strongest, if not the only, guarantee of<br />

liberty from political elites.<br />

3. Attainment of truth: falsehoods must be countered; ideas must be challenged<br />

and tested or they will become dogma.<br />

As such, the newly formed United States was one of the first nations to explicitly<br />

adopt Libertarian principles, as it did in the Declaration of Independence and<br />

the Bill of Rights. The latter asserts that all individuals have natural rights that no<br />

government, community, or group can unduly infringe upon or take away. Various<br />

forms of <strong>communication</strong> freedom—speech, press, and assembly—are listed as<br />

among the most important of these rights. The ability to express dissent, to band<br />

together with others to resist laws that people find to be wrong, to print or broadcast<br />

ideas, opinions, and beliefs—these rights are proclaimed as central to democratic<br />

self-government. You can test your own commitment to freedom of<br />

expression in the box entitled “A Stirring Defense of Free Expression.”<br />

Despite the priority given to <strong>communication</strong> freedom, however, it is important<br />

to recognize that many restrictions—accepted by media practitioners and media<br />

consumers alike—have been placed on <strong>communication</strong>. Libel laws protect against<br />

the publication of information that will damage reputations. Judges can issue gag<br />

orders to stop the publication of information they think will interfere with a defendant’s<br />

right to a fair trial. Other laws and regulations protect against false advertising,<br />

child pornography, and offensive language. The limits to <strong>communication</strong><br />

freedom are constantly renegotiated.<br />

In some eras, the balance shifts toward expanding <strong>communication</strong> freedom,<br />

but at other times, most notably in times of war, freedom is curtailed. In the wake<br />

of the September 11, 2001, terrorist attacks, for example, Congress passed legislation<br />

known as the Patriot Act that imposed a variety of restrictions on Americans’<br />

<strong>communication</strong> freedom. And whenever new media technologies are invented, it is<br />

necessary to decide how they should be regulated. The debate over <strong>communication</strong><br />

freedom never ends, as we see today in the ongoing and heated debates over<br />

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Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.

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