Free Speech Essay, Research Paper
The first amendment to the constitution guarantees the right of free speech and
of the press. Unfortunately, some individuals have used this right to protect
themselves from litigation when they produce material that is pornographic,
hateful or when they use ethically questionable methods when reporting a story.
The government has attempted to intervene through passing laws and imposing
regulations. The problem with placing restrictions on free speech is that the
question of who will decide what is appropriate and what is not will inevitably
be raised. There are two positions when debating this issue : 1) protect free
speech even though some people abuse it or 2) freedom of speech does not
outweigh the need for ethical principles. Two of the ethical dilemmas facing the
media today are the conflicts of freedom of the press versus individual rights,
and the right of the press to refuse to reveal their sources. The media has
often claimed that the public has a right to know but they do not limit that
right to know to a certain area of public concern. Reporters have written
stories on the sexual lives of movie stars claiming public interest but simply
because the public is curious does not mean they have a right to know.
Certainly, most people would not want their entire life story being printed as
public knowledge and subject to ridicule. The issue of privacy was brought to
the forefront by the untimely demise of Princess Diana. She was being chased by
reporters who had been following her all night when she was involved in the car
accident that killed her. Many people then criticized the press who had been
following her all night. Does the media have the right to follow and harass
people simply on the basis that they are public figures or do public figures
deserve to have a private life? The issue of revealing sources has been debated
for years, particularly after the Watergate scandal of the seventies. Recently
an issue regarding the confidentiality of a source arose but for a different
reason. Dan Cohen is sued two newspapers for breach of contract because they
promised him confidentiality when he provided them with information. After they
had received the information the newspapers decided that the information
reflected more on Cohen and proceeded to print the information with Cohen’s
name. Cohen won the suit but the damage to his reputation was already done.
Those are only two of the many issues involved in free speech. Ethical restraint
would set guidelines for journalists and protect individual rights. The first
issue would be to set objective and universal guidelines so that there would be
no debate over who sets the ethical code. The problem would be enforcing these
guidelines. The Radio Television News Directors Association and the Society of
Professional Journalists both have ethical codes, which include respecting those
whom you are reporting about and keeping confidentiality. Those ethical
standards are not enforced and so some do not follow them. Some people believe
in free speech at all costs. Free speech without restraint causes public outcry
and violates people’s civil rights like their right to privacy. The difficulty
is that people see any form of restraint as censorship and then claim that the
government will begin running our lives and making our decisions. If the ethical
standards agreed upon were universal they would satisfy everyone and if the
journalists would follow them there would be no need for government
intervention. Using the example of Dan Cohen’s issue of confidentiality the
ethics of the reporters involved can be analyzed. The act of printing his name,
in and of itself, was not wrong. The intention of the journalists was to inform
the public since Cohen was associated with a politician who was running for
governor and the information Cohen had was on the opposing candidate. The
circumstances were the gubernatorial race was in its final days. The reporters
had the right to accept and publish the information since it was public record
and did not violate the rights of the opposing candidate. They exercised their
right to free speech and of the press in that respect. The ethical issue was
whether the reporters violated Cohen’s rights when they broke their promise of
confidentiality and printed his name with the article. The question then would
be should they have printed his name? Following Aristotle’s ethical theory of
the golden mean, the journalists were wrong. The extreme one side would have
been to print his name while the extreme on the other side would have been not
to print anything. A compromise would have been to print the information with
the statement that the source was connected and was biased. Aristotle, however,
believed in virtue and so did not believe in lying. The reporters were also
wrong because
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