Fake News
Among the rights and freedoms that are elaborately defined and protected by the First Amendment is the right to freedom of speech and of the press. This presentation explores fake news as a phenomenon worth weighing on the basis of the provisions of the First Amendment.
To attempt to define the phrase, ‘fake news’ within the limited confines of the present task will not augur well with the overall quest to remain objective. But for purposes of this paper, fake news refers to the news that, to the extent that it can be corroborated, are laced with inconsistencies, inaccuracies, inordinate and generous depictions of realty, misleading and falsified news items. They are false statements of fact.
Under the US constitutional law,
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At the same time, it is frivolous to presuppose that this constitutional protection is a blank check (Volokh, 2008). Indeed, the letter and spirit of the law was not to protect propagandist news tendencies. On the contrary, the rights and freedoms of the First Amendment must be enjoyed and/or exercised responsibly. A known legal cliché capture this aptly: in the exercise of your rights, do not violate or encroach on mine.
In summary, what the Founders (of the US) had in mind was the institution of a society where truth and reality wouldn’t be concealed by anyone. This, certainly, does not include the malicious, falsified, untruthful and misleading statements that can be used by anyone or any media outlet in achieving mischievous goals and objectives. In reaching that end, the First Amendment aptly captures the Founders’ vision to entrench the rights and freedoms into law.
Electoral College
The Electoral College is a group of people charged with the ultimate mandate of electing the President and Vice President of the United States of America. These serve on the basis of appointments by political parties. They are referred to as ‘electors’. The distribution of these electors in States is determined by a complex matrix of factors. The elector’s cast their votes in December of the same year of elections, on a Monday after the second Wednesday of the
The First Amendment one that is watered down, serves as example of the freedom we as Americans have. It is best known as the amendment that lets us say what we want when we want. There is more to it that gets overlooked. It blocks government from establishing a theocracy, grants the people the right to peacefully assemble and protest the government for a redress of grievances. Our press is independent and is given freedom to publish at will. Our freedoms embolden us to speak out and organize for progress and against society's wrongs. Sometimes groups will organize to speak out but will sink to extreme measures as a means of expression. The first amendment has seen challenges in recent months. “Donald Trump referred to the press, and I'm quoting his exact words, as "dishonest, disgusting, and scum."Just ten days ago, you might have heard in a press conference, President Donald Trump said that the "press is out of control."(Chemerinsky, 553). To clashes between different ideologies on college campuses with some initiating riots. The first amendment grants many freedoms, however it does not grant protection from consequence.
This amendment is saying that the press (in general courts have defined the press so as to include all publishers) can write the truth in the newspaper even if it makes the government look bad. The first amendment, which is included in the bill of rights (the first 10 amendments) was ratified on September 25, 1789 and adopted on December 15, 1791. Anti-federalists demanded that they got the bill of rights so that they could ensure that the government didn’t have too much power over them. The bill of rights was written mostly by James Madison. The press were being pressured to write only and exactly what the president or other person wanted them to write. “If law is unjust a man is not only right to disobey it, he is obligated to do so” -Thomas Jefferson. The freedom of the press doesn’t directly apply to everyone because not all people are considered part of the press, but it still in a way applies to most people and is very important. In 1735 John Peter Zenger, a publisher for the New York Weekly Journal, got sent to court for criticizing New York's governor. His paper claimed the governor accepted bribes, removed a judge and tried to fix an election. All of this was the truth. At the time it was illegal to criticize the king, governors represented the king. Zenger argued that
he First Amendment protects rights to freedom of religion and freedom of expression from government interference. It’s most basic component is freedom of speech and freedom of the press. Which gives freedom of speech to press to express themselves without government interference or regulation (Hawkins, 2012). Moreover, when we’re censoring ourselves we are willingly giving away our right to free speech. In today’s fast-paced world with so many social media sites and internet. It is very easy and common for someone or media to write or post an article about someone else’s private life.
Although the first amendment was to protect the people from the government censoring their freedom of speech, press, religion, peaceably assemble and grievances however there are some exceptions. The first amendment provides
On the internet there are hundreds of thousands of different news articles, but not all of them are real. Fake news is a type of hoax or deliberate misinformation that you can find almost anywhere mostly because of social networking platforms like Facebook, Instagram, Twitter, and News Feed.
Many people come to the United States looking for freedom and liberty and where their essential rights are protected under the Constitution. However, freedom should not be taken for granted as for every rule there may be limits. The First Amendment of the United States’ Constitution states that “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” (Corwin 48). In other words, the First Amendment granted freedom of religion, speech, press, peaceful assembly, and petition. The First Amendment is clear enough for anyone to comprehend and process easily; however, people sometimes misunderstand their rights by doing what their First Amendment right does not protect, especially when it comes to freedom of speech. Seven of the most important law cases in the United States’ history are what shaped the American’s society and allowed people to hopefully know and recognize their limits and restrictions when it comes to their speech whether it was a literal speech or a symbolic speech.
These are some examples of why it’s a positive thing that the Constitution has the First Amendment. The First Amendment states that Congress shall not prohibit ”or abridge the freedom...of the press...” (“The 1st Amendment of the U.S. Constitution”). This is important because otherwise, American journalists can end up with the same fate as those living in a country where media censorship is prevalent. However, we maybe be approaching that point. The Committee to Protect Journalists is concerned about “the sharp deterioration of press freedom in the U.S.” which has been linked to Donald Trump’s campaign (Bromwich). One event in particular stands out as an example of this. On Inauguration Day 2017, six journalists were indiscriminately arrested with several protesters. The Metropolitan PD charged the journalists, who were there only to report the scene at the inauguration, with felony rioting, lumping them in with the actual protesters. “[These] actions were seen to contribute to a threatening climate for journalists covering the election,”
The first amendment of the United States forbears the government from, among other things, impairing or abridging either free speech or a free press. Quite possibly
The First Amendment states that “Congress shall not create laws that abridges the freedom of speech and the freedom of press (Cite).” The freedom of press is a constitutional protected right that allows individuals or media outlets the right to publish information without the government censoring the information or fear of being punished. This protected right is applicable to all forms of printed and broadcasted information, such as newspapers films, or television broadcasting.
The first amendment grants us the freedom of speech, religion, assembly, petition, and press. Freedom of speech and press allow us to express ourselves and our opinions. The media however is constricted in this right due to the fact that they let the government decide how they express themselves and how they present this to the public. When the government controls the media, they control what we the people see happening in our country and
By the year of 1791, when the First Amendment was ratified, the idea of “freedom of speech” was so widely accepted that it became the primary, and a very important issue in the amendment. “Freedom of press” came with it to insure that the written and printed as well as oral communication was protected: “Congress shall make no
The Founders made the press a First Amendment priority in the United States Constitution as a “protected role” to act as a check on elected officials. The press was part of the Constitutional “checks and balances” in holding elected officials accountable and to be observant for exploitation, as the press were in essence “the eyes and ears of the people.” Freedom of the press is the irrefutable privilege to propagate opinions in print without censorship by the government. Americans enjoy freedom of the press under the First Amendment to the 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
In “To Fix Fake News, (November 29, 2016), technology writer and researcher Alexandra Samuel discusses why the internet is not responsible for fake news and argues that yellow journalism is a historical form of fake news. She supports her claim by comparing yellow journalism of the past to fake news the present, describing fake news has affected on people, and discussing how fake news and the internet ruined everything. Some people think the internet causes the fake news, however she does not think so. Because it exists before the internet has existed. Yellow Journalism which had a large circulation with the fake news which was written exaggeratedly was published and read by many people. For example, it is said that this yellow journalism caused the Spanish- American War. Though it is said that the fake news was made by the development of the Internet, fake news are always interesting for citizens in that it is attractive. As the change of time, readers of yellow journalism had decreased, for they did not trust it anymore. The evidence for her claim are a lot quotation and historical evidences. Fake news can be fixed the same way as Yellow journalism. The solution for this problem is not to
The recent surge in popularity of social media comes with a price: fake news. Fake news is defined as news or media that has been altered or modified. Journalists have begun to analyze why that fake news exists and why it continues exist. Two authors, Eoin O’Carroll and Kevin D. Williamson, both have written articles about fake news. Eoin O’Carroll’s article “How Information Overload Helps Spread Fake News,” discusses how the media has bombarded us with news stories, blurring the distinct lines between real and fake news. Kevin D. Williamson, a journalist for the National Review, writes in his article “‘Fake News, Media and Voters: Shared Reality Must Be Acknowledged” that the news is not fake; it just does not align with one’s personal beliefs. Both authors successfully appeal to their audiences’ emotions and feelings, but O’Carroll is more likely to succeed than Williamson in persuading his audience to try and combat fake news because the writer presents himself as someone the intended readers will more readily identify with and offers evidence that his readers will find more compelling.
During the most recent couple of years, fake news has been spreading generally on the web. Users of the web confront connections to fake news day by day either by utilizing web-based social networking sites or scanning for subjects on some suspicious sites. The article "Top Law Enforcement Official: Terrorists Have Infiltrated U.S. Through Mexico" is a decent case on how we can recognize whether an online article contains counterfeit news or not. This article was published on judicialwatch.org website on October sixth, 2015. The article doesn't have a known writer, and it is targeting individuals who may have interests on the issues identified with immigration and fear based oppression in the U.S. The article is introduced as a few