Freedom of the press is the protected right to freely publish communications and expressions of opinions through various forms of media. Freedom of the press limits the government’s control or censorship over the media, except in the most severe national security risk potential. The right is guaranteed by the First Amendment of the U.S. Constitution, which states:
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
Press typically refers to publishers of information, ideas, etc. Press is not limited to professional publications or journalists but applies to any type of publisher. Freedom of the press protects newspapers, television shows, social media, or any other forms of news sources to freely investigate and report information to the public. Freedom of the press prevents publishers from being forced to report content, rather, they may choose what to investigate and report on.
Freedom of the press not only protects free publication, but also news-gathering. In general, the press has the same rights as the public and cannot invade others privacy protections. However, professional journalists can record in public places. The press often acts as government watchdogs; therefore, many states have enacted reporter shield laws to protect the confidentiality of sources of information.
For more information, visit the LII's Freedom of Press Overview. For notable Supreme Court cases, visit the LII’s Supreme Court Topic: Freedom of the Press.
See also: Branzburg v. Hayes and Herbert v. Lando, this William & Mary Bill of Rights Journal article, Needed: More Than a Paper Shield
[Last updated in July of 2024 by the Wex Definitions Team]