FOI Center Publication No.34 - The Meaning of the First Amendment

Sep 28, 2026

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A Freedom of Information Center monograph explores the meaning of the First Amendment, arguing that press freedom exists not for the press alone but for the people’s need to know in order to govern, plan, and decide intelligently. It emphasizes that a free society cannot be beyond criticism and that constructive, non-malicious critique is necessary for mental and spiritual health. The address discusses the roles of newspapers, radio, and television in informing the public.

LanguageEnglish

CategoryResearch & Report

FormatPDF

Pages4

Reading Time10 min

AccessFree to download

The Meaning of the First Amendment

Freedom of the press and public access

Criticism as a requirement of a free society

Roles of newspapers, radio, and television

FREEDOM OF INFORMATION CENTER PUBLICATION NO,34《ITIZENS'(OMMISSION PROPOSED law respecting an establishment of religion,or prohibit-ing the free exercise thereof;or abridging the freedom ofspeech or of the press;or the right of the people peace-ably to assemble and to petition the Government for aredress of grievances.”I suggest that the press cannotstay free uniess it concerns itseif with the other freedomscovered by the Amendment. Freedom of the press does not exist simply for thesake of the press.It exists for the sake of the people—because the people cannot live intelligent and effectivelives unless they have access to the information theyneed.They cannot govern themselves unless they knowthe problems of government;they cannot make plans forthe future unless they know the trend of events in politics,in economics,in international affairs. Too often,those of us with some experience as pro-fessional members of the communications industry tendto identify our freedom as the essential freedom.Thereal freedom required by a democracy is the freedom ofthe people to know everything they have to know in orderto make an intelligent decision. The arrogance which arises when the press becomesabsorbed in its own importance was typified the otherday in a headiine in a Los Angeles paper on a column byRaymond Moley.The headline read:THE PRESS LISTENSTO CRITICISM BuT REMAINS ABOVE ITs CRITICS.The presscannot be above its critics.Nobody in a free society canbe above criticism. The flow of criticism is what keeps us relatively free.We must criticize one another—or we are hollow men,stuffed with straw.We must help one another to do ourjobs better—not with anger,not with malice,not witha sense of superiority,but with a realization that criti-cism is necessary to enable us to stay alive mentally andspiritually. The column by Mr.Moley,on which the headlineabout the superior status of the press was based,seemedto me an example of a self-congratulating type of com-ment which does harm to the press.Mr.Moley was try-ing to describe the great functions of the print media,but he got carried away by his own enthusiasm for hisown trade.Among other things,Mr.Moley said: Radio and,to a greater degree,television aremedia whose primary function must be entertain-ment.In that field they have almost unlimitedpotentials.In the daily newspaper the presentationof news,plus interpretation and opinions,is aprimary and traditional responsibility. Fol Center Publication No.22,issued January 1960,toldof Dr.Vincent Naeser's Danish Study Circle on the Free-dom of the Press and called for comments on his sug-gestion that similar groups might be established in theUnited States.The idea so appealed to Rex Miller,of thejournalism faculty at the University of California andmember of the national advisory committee of the FolCenter,that he organized the Freedom of InformationGroup of Southern California. It was at the Group's inaugural luncheon,held May 2,1960,in Los Angeles under the auspices of the UCLAGraduate Department of Journalism,that Frank K.Kelly,vice president of the Fund for the Republic,deliveredthis address. This is the first of a series of monographs dealingwith the commission,privately and publicly established,as appraiser of mass communications. When the formation of this group was announced,four purposes were stated.Let me cite these four purposes,because my talk today will be related to them. 'The Press Is Above Its Critics' The functions of the Freedom of Information Groupwere described as follows: 1.To keep its members informed of devel-opments in the freedom of information field ingeneral. 2.To support and preserve existing guaran-tees of this freedom,such as the favorable Cal-ifornia legislation guaranteeing access to publicrecords and meetings of public bodies. 3.To deal with specific cases of infringementof freedom as they may arise. 4.To outline plans for preserving and guar-anteeing this freedom. The announcement

FAQs

Why does the address say press freedom exists?

It argues press freedom exists for the people, because people cannot live intelligent, effective lives or govern themselves without access to the information they need.

How does the address treat criticism of the press?

It states the press cannot be above its critics and that criticism helps keep society relatively free; critique must be constructive, without anger or malice.

What comparison is made between newspapers and broadcast media?

It notes radio and television can provide spot news sooner than the press, while questioning their ability to offer adequate exposition of interpretation and opinion, yet also claims broadcasts can inform the public on major issues.

Sep 28, 2026

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