Although the First Amendment doesn’t mention freedom of access to
courtrooms, the Supreme Court has held that the public right to attend
criminal proceedings is implied.
The fair report privilege is a state-law defense to defamation claims used
by journalists, although the level of protection may vary by state. Under
the privilege, a journalist is insulated from a defamation claim when he or
she publishes a defamatory comment that was part of official affairs of the
Although the Court has said that the FCC can regulate fleeting expletives,
it has also overturned FCC sanctions, not on First Amendment grounds, but
because of vague policies.
Freedom of the press is a Constitutional guarantee contained in the First Amendment, which in turn is part of the Bill of Rights. This freedom protects the right to gather information and report it to others. While at the time of ratification in 1791, the free press clause addressed newspapers, it now applies to all forms
The First Amendment appears to provide a special right for the press,
however the Supreme Court has taken a narrow view of the “press clause” and
held that the press does not have greater rights than those accorded to the
public in general. Some scholars have criticized this viewpoint and argued
that the press role of keeping the public informed calls for a different
The Reporters Committee for Freedom of the Press has played an important
role in many controversies over First Amendment press freedom and freedom
Many states have adopted retraction statutes that allow the press to reduce
liability if they publish a correction within a certain time period.
Because defamatory statements are not considered protected under the First
Amendment, retraction help mitigate potential damages from an editorial
Though private businesses and not government entities, U.S. social media platforms have nonetheless been at the center of a number of free speech disputes. Social media is a method of internet-based communication in which users create communities and share information, videos and personal messages with each other. Some of the most popular social media platforms include