Senator Kiffmeyer update for June 28: Freedom of the Press

Congratulations and in recognition of Big Lake’s 40th celebration of the West Sherburne Tribune Newspaper, I’ll share some history on the 1st Amendment to our constitution which includes freedom of the press.

In the 13 colonies, the press struggled for freedom and was subject to a series of regulations by the British such as prohibiting the publication of information the British government did not approve.

In 1734 a libel case against the New York Weekly by the British Governor ended with the newspaper being acquitted.

Thus began the process in which our founders recognized the need to protect the freedom of the press.

Fifty-seven years later, our Constitution’s First Amendment was adopted on Dec 15, 1791 with nine other amendments, commonly called the Bill of Rights.

Since then, there have been many court cases testing the depth and breadth of the First Amendment language.

Closer to home, in 1931 in the case of Near v. Minnesota, the US Supreme Court ruled in favor of the press and struck down a Minnesota law targeting publishers of malicious or scandalous newspapers.

Later, Justice Hugo Black wrote, “the First Amendment …rests on the assumption that the widest possible dissemination of information from diverse and antagonistic sources is essential to the welfare of the public…”

As we enter the 21st-century, it is noted that court cases have also ruled in favor of the First Amendment press protection in regards to those who blog or use other social media.  The amendment language encompassed centuries of change and still works today.

The US supreme court did recognize limits when it comes to libel. The plaintiff bears the burden of proving that the publisher acted with actual malice, knew of the inaccuracy of the statement or acted with reckless disregard of its truth. But the US court also ruled to protect the use of rhetorical hyperbole.

President Thomas Jefferson stated in 1801 in his inaugural address reiterating his longstanding commitment to freedom of speech and of the press: “If there be any among us who would wish to dissolve this union or to change its republican form, let them stand undisturbed as monuments of the safety with which error of opinion may be tolerated where reason is left free to combat it.”

It is not just the press that is protected in the First amendment.

“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.”

Every time I read or hear something I dislike, I remind myself that this is freedom in action. The freedom also includes responses that others may dislike. But we all must stand with each other to keep the freedom of each other intact or freedom of speech is mute and moot.

Our soldiers fought to preserve our freedom. We need to fight to keep it every day by tolerating everyone’s right to free speech without censorship whether the press or personally.

As always, feel free to contact me regarding any issue at 651-296-5655 or sen.mary.kiffmeyer@senate.mn.