[reproduced] America legal, political and media relations

  • Created:
  • / Author: Aaron Lewis
 USAThe law,PoliticsAndThe media relations



Huazhong University of Science and Technology School of Journalism and communication of advertising in class 06 grade
            Number 012006002832
                       Cai Zhaochun
Abstract:USA freedom of the press is the extension of freedom of speech and press in the mass media in the field, and mass media has a role can not be underestimated on USA political life, well known as "the fourth power". In this way, USA freedom of the press could not get rid of the influence and restriction of law and government American.In this paper, the law of the USA, speaking from the media Watergate and other major events in the role of,Focus on the mainstream media and the government, toAnd with the lawThe relationship between the,To investigate theThe USARegulation of the press and freedom of the press.

Keywords: the first amendment to the Constitution Media The government News blackout The freedom of the press

　A,Method is larger than the right, the law can guarantee the freedom of the press
    In American, law is all social life in order to guarantee the normal, there is no legal society is unable to imagine, is greater than the power as a social contract law will only lead to tyranny and dictatorship.America constitution guarantees freedom of speech and of the press, which is not subject to political control; the Americans think this to defend American democracy is crucial.At the same time in the freedom of the press American is regarded as one of the most common values, the most basic, most important, is not only the press creed, and is the core of democratic government function.
American mass media has a strong social power, American law can guarantee the freedom of the press, the power can never exceed the scope of the law. In America, various media according to the first amendment to the Constitution and other laws to exercise the freedom of the press, such as the December 15, 1791 ten amendment as a "bill of rights" approved. The full text of this amendment is:
    Congress shall make no law relates to an establishment of religion, or prohibiting the free belief; or deprivation of speech, or of the press freedom; or the people's peaceful assembly and the right to petition the government to avenge. 
    1868Years USA Congress ratified the Fourteenth Amendment, which extends the first amendment to the constitution to protect the freedom of the press -- banned all federal, state, local city or other government officials or agencies intervention of freedom of expression.
    Legal judgment has milepost significance in American press freedom is in the process of 1964 "New York Time Co of Sullivan" case. In 60, acute, American domestic ethnic conflicts black movement be raging like a storm. In 1960, "New York Times" published an advertisement, the police Montgomerie city to protest against the Alabama actions taken on black pastor Martin Ruud Kim followers. A man named Sullivan police chief to sue for libel on "New York Times", and by the state courts won $500000 in damages. However, American Supreme Court overturned that ruling, that contains this ad mistakes are not out of malice, but the First Amendment protection of public problems were "not prohibited, call a spade a spade and completely open debate," without any verification of facts. The ruling American Supreme Court, actually American press criticism of the government officials gave the green light. This is later American journalists not afraid afraid of the boss, the president dare unsaddle the president's "imperial sword". There are American in 1968 formulated the "freedom of Information Act" provides the conditions for the further extension of the freedom of the press America. America laws not only restrict the government intervention in the freedom of the press, the news media has the freedom of the press. As everyone knows, the mass media through the dissemination of information, influence the public behavior and thought, guiding the social public attention and interest, changing the balance of power in all sectors of society, and to a certain extent, dominate the trend of social development, the whole process of operation which is the media power. Sometimes the media's power nearly imperceptible, sometimes large and the presidential race, and even to overthrow the government. In 1974 led to the resignation of President Nixon America Watergate can serve as a kind of interpretation of media power. In the Watergate scandal, "two young reporters Washington Post" only according to burglarize molecular booty in two linked the white house telephone number and name, track down sb. by following clues, chase, during which frequently eat cold-shoulder treatment, from the official warning, threat, which lasted 26 months, finally dug burglarized molecules and the "presidential re-election committee" to the White House Office, President Nixon contact, leading to the first USA history, the president was forced to resign, and caused a sensation in the America world. This shows that in the USA journalists can according to the law of rights, can be an independent investigation of the hidden event, can go beyond the authority, objectivity and impartiality in reports to inform the public, to expose the truth of the matter.
    During the Watergate participating media, such as "Washington Post", "Losangeles times", "Time", CBS is mainly based on the first amendment to the constitution of the deep coverage of the event, if the America no first amendment, if it is right above the law, the Watergate scandal will be people know about it? The answer is self-evident. At the same timeLegal protection for the media the right to know the truth.

Two, the relationship between media and government
    If the husband wife relationship on the media like to government use, "play is dear, scold is love", then the government for the use of media is more like a lover to husband, not like you, but want to use you.The relationship between media and government American America always perplexing: on the one hand, the media have a responsibility and obligation for public supervision of the government, reported the government decision-making, and to expose misconduct decision-making strata may occur, so they can make a clear choice in the election; on the other hand, the government also needs through the media to promote their own policies, to to win the hearts and minds for a decision. At the same time, the news media criticism to change government policy to create public opinion and excuse, paving the way for a change of policy.
   1.Media and government dependence, such asA characterization of the news media is closely connected with the politics is a kind of what Americans call the "revolving door" (REVOLVING DOOR) phenomenon. The revolving door, as the name suggests, is the side into the side out. Indeed, USA press has traveled back and forth between media and politics, many famous people constantly. For example, William Jose's, was a special assistant to Nixon, and speech writer. CNN "confrontation" and "Congress to help" show host Pat Buchanan initially served in the "Saint Louis global democratic newspaper", and later became a special assistant to Nixon, then do the columnist, then later became White House communications director Reagan. In addition, between the invisible high -- media companies and government officials in the readers and viewers, the revolving door in virtually plays a role. Robert McNamara, American Vietnam era defense minister, was "one of the directors Washington Post" company. And America several major television network board's former Secretary of state, the supreme prosecutor is everywhere. Should say, between politicians and the press this frequent personnel rotation phenomenon is not America government in order to wants media backward herself, but by the needs of work and the nature of the work of both parties.
  2.Media on the government's balance. The most typical example ofProbably caused Nixon to step down "Watergate scandal". In 1974, "two young reporters Washington Post of" keep on carving, revealing the eavesdropping is the White House ordered, finally forced President Nixon to avoid impeachment and had to resign. This is probably the American media supervising government one of the highlights of the pen. Not only that, the media sometimes has an important influence on the decision and implementation of government. In 1971 June, as US forces in Vietnam War deeper and deeper when, "New York Times" and other newspaper revealed a "The Pentagon", to expose the government to expand the Indo China war, in the early years of the war has taken a lot of deception to deceive the public. This coverage has greatly enhance the anti war sentiment of the public. At the same time, TV news adds to the war field reports, USA people see the children in Vietnam napalm phagocytic images of brutality from the screen, more see not the justice of the war. Three years later, when President Johnson heard the Cbs Broadcasting Inc famous host Cronkite in a news program that "Vietnam cannot win", namely that the America has no hope of winning the war. America government finally decided to end the war as soon as possible.
   (3) the relationship between the government and the media and interest group.Japan's Wata Yangyi in his book "Introduction to journalism", the status of the Western news media than the "tug of war", and state power (or enterprise), news media, the public as three equal and independent of three parts, is now in a "exactly is by the power of the state or the large-scale enterprise information communication media to attract the past, or by members of the public to mass communication media to attract the" tug of war "". In fact, the mass media of the west is not completely independent from the government, enterprises and make a clean break with more impossible. On the contrary, they are now more closely tied together, is really "a handful of privilege close brotherhood". In today's America, politics, money, the news media can not separate things, are interdependent, mutually beneficial. Through different means to control or exchange, to a certain extent, even for three-in-one variable. Let the news media and politics, money from the impossible, let the power and financial news media also unlikely to abandon. It is in this context, Western governments, enterprises, media and other areas of mutual interference control, power and capital become the control of news media, news communication decision. although American rigid government has a variety of control media, the public face of the powerful media influence on social life, and the news media is also considered to be important is the government and the business out of the American social forces, the government had to try to use and with them, by the soft non mandatory regulation, rather than each other confrontation between the community to maintain a normal cooperation, and the relationship between public opinion and news flow, so as to control the dissemination of news oriented and ultimately, achieve national politics.
    American media not only has nothing to do with the government "consistent", do the government's "mouthpiece" and the concept of duty, even to a large extent with the opposition to the government has responsibility. I thought, American media often with government "to do" to the extent that a kind of "interest" to pursue, because USA public "government is not", government should maintain vigilance beliefs, they need not "uniformity of public opinion", not "consistent" with the government but criticism, supervision of government, so the media to "beat" the government can "represent the interests of the masses", which also can get their own interests. So I want to American, freedom of the press is a noble idea, but it can be realized to a certain extent also depends on the looks not so noble pursuit of "interest". In the Watergate scandal, "Losangeles times", "Washington Post", "New York Times", "age" publishing company, Cbs Broadcasting Inc, several mainstream media's performance, the Ruth family, family, family, Perry Graham Chandler family media giants growth, Murrow, Cronkite, Woodward, Bernstein and other journalists encounter, Nixon President Carter, Ford, such as performance, perplexing relationships as well as the media, media owners, editor, journalist, politician and President, social organization, social class, profoundly exposes the American media, interest groups and the government and individual perplexing relations.
    The Watergate impeachment and subsequent Nixon presidential campaign, on the surface seems to be a Republican and democratic debate, analysis from the deep, is actually the conflict America different power within the group. "This sectarian divisions, above the Democratic Party and the Republican Party, above also above between Congress and the president of the division, also above the organized interest group on small strife." Orgasm during the Watergate, USA independent investigative journalist Andrew Compkind in "moire" news commentary pointed out: "there are at least 20 big business directors to Watergate disc to now. But, although they play a crucial role in this scandal, they are still not known, but in fact is neglected by the press." for Watergate ending, American ruling group is not. They generally believe that, some members of the press seems to go too far. Close observation of the Watergate "New Republic" magazine old reporter John Osborne summed up the image of this situation. He said, in the investigation of the Watergate, the press as the "necessary and proper" role "at the same time, I have to say, they (referring to the press - cited) like dogs, smell blood, but after it killed the fox." If this vivid and subtle tunnel "hound dog", "the fox" and "master" three between delicate relationship. American press is not consistent with the "watchdog" itself? "Hound" is USA news organizations and journalists: "the fox" is the establishment in the struggle between thrown in scapegoat and victims, and its role is to ease internal contradictions, to quell public opinion; "master" is of course the establishment American. Under certain conditions, the establishment permit or by default, "hound dog" can be "free" hunting they throw the scapegoat and victim; but, in general, can't kill -- that may harm the interests of powerful groups, and inevitably cause rabbit dead fox grief indignant. Of course, "hound dog" not in the master -- the establishment who sniff. Otherwise, "hound dog" run "too far". The Watergate scandal at the beginning, the establishment does not want to topple Nixon, but just want to teach him a lesson. However, because the survey reporters hold, pushy, opened a "Pandora's box", the power group try to stop but cannot, had to "open cut Ma Su". Since then, American social standard voice As one falls on the press "abuse of the freedom of the press" words and deeds, America press and also like errant "hound dog" consciously regulate themselves.
   (4) the government of media news blackout
    Begin from 70 time metaphase, America began to develop a so-called "both the press and government policy", namely the war news policy, gradually stepped up to the USA media war news control. when the nation is at war or when the country is in crisis, the government often use soft news control mode, mainly include: firstly, the use of public means of effective control of public information. In USA, whether the federal government or the state government institutions of government public relations, government spending has hundreds of millions of dollars of public relations. Secondly, using the media release and revealed that the government and Congress political activity information. The main methods are: President of the radio and television speech; President, secretary and other senior government officials and members of Congress press conference; government spokesman presided over the press conference; meet individually with journalists publish exclusive news. In addition, USA president often take over media jorum means, to win over those influential media owners or journalist, presenter, and they build personal friendship or on their courtesy not cheap. On the contrary, the news report complaints, the press savaged and pledge to help drink, resulting in greater pressure on the news media, to reverse the unfavorable situation of government public opinion. permanent government institutions management news media, news censorship (wartime control and special event control), and through industry associations to control news means to limit the freedom of the press, the law can not ensure news is free.USA media,The government, interest groupThrough a variety of game, fight about the legal power, the struggle for freedom of the press.
  

    America government and news media are subject to monopoly capital control, they must be for the social basis for survival -- serve the social stability, the government and the media to realize their own interests have formed the existing dual relationship conflict and cooperation. Once the news media of the free state and the interests of the state interests, the government will not hesitate to use to determine the legal form of power, to take hard or soft means to press control, regulation America government in Iraq war of the press and media cooperation, is a kind of typical performance.

Three,The first amendment to the ConstitutionAnd news control principle
    Congress shall make no law: relating to the establishment of a religion or religious freedom is prohibited: deprivation of freedom of speech or the press: or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
                                          --------The Bill of Rights   America is a case law country, in the "bill of rights" and other relevant laws promulgated, relevant case to clarify the connotation of freedom of speech and freedom of the press and extension of the concept, to maintain the American early statesmen's political philosophy, increase the operability in actual law enforcement process. A lot of control and anti control case, also played a big role in America news legal system construction. The first amendment to the constitution to protect the freedom of press in the work, butThe first amendment to the ConstitutionNot everything.The first amendment to the constitution established"Shall make no law"With the exception of the principle of USA law enforcement process,America government can use the proposed "prior restraint" mechanism to the Supreme Court, to stop the media revealed to the public on the "national security" bad news. During the war, American government to ensure that the "national interest", "public interest", the media management strictly. In 1917, during World War I issued a severe "the Espionage Act" provisions on false reports, those "deliberately making interference military action, attempt to provoke disloyalty, hinder conscription" in the army, all fines or imprisonment. At the same time, authorized by the director of the State Postal Bureau to review the postal administration, thereby increasing a media supervision and management functions. In 1918, American and "Espionage Act" on the basis of stricter "provocation", the provisions of any newspaper and magazine may not be "on USA form of government or the constitution, the army and Navy, flag or military uniform use of disloyal, profane swearing or insulting language", otherwise you will be punished. After the war, USA according to the two law, sued more than 2000 people, nearly half of them have been convicted, and most of them were dubbed the "political" Reds "such.    So-called"The principle of clear and present danger "effect will be moderated by war or peace, the cold war or international relations, change and prosperity of the world situation, depression and other external conditions change. In a social context, the freedom of the press may have been the first amendment to the Constitution (the bill of rights) protection, in another kind of social situation may be denied protection, and, unless the court accepted the expression, speech, or the publisher does not know its specific expression can be protected. "The obvious and moment of danger principle" I personally think it is, in violation of the first amendment of the Constitution,This principle from the initialHolmes put forward,"The obvious and moment of danger principle "can be regarded as the application of mill" harm theory "in the field of law, it is based on the theory of right philosophy of law, is concerned about the conflict between power and rights, physical power with the right.
This principle was first raised the Federal Supreme Court decision America Holmes in the Schenck v. United States case in the book. In 1969 American Federal Supreme Court in Brandenburg v. Ohio decision on this principle and reconfirm. This rule applies to the following statement: ① inciting others to violent civil behavior of speech; ② offensive speech; ③ criticized in the case or to hinder the proper procedure of court trial of speech; ④ inciting others to illegal speech. This principle is used to solve the conflict between the freedom of the press and the public interest.
The principle American scholar Cohen is on the "clear and present danger" criticism, he thinks, restrict the expression that is be misfits and democratic spirit and principles of operation it to keep, "clear and present danger" principle "interfere with the wisdom, will undermine the democratic." The suppression of free speech must (in the range) deny it purports to protect democracy. It is caused by injury, not only threatens to destroy democracy, but actually undermines democracy, intervention in the press.
    I think USA wartime censorship principle is violated the first amendment of the constitution, limits the freedom of the press, this is also the reason why the later America why there are so many media and government lawsuit. A country's government needs to implement management functions, will carry on the management to the social life aspects, the management has both the positive aspect, also has the negative aspects, one restrictions on press freedom is the government management of social aspects. American wartime news is not necessary, in the media is so advanced today, even if American government can block the domestic media, but in other countries it is be beyond one's grasp media, event ultimately known by the public, and government officials to thoroughly burying bad news is not possible in general, the bad news will sooner or later the media exposure. Therefore, in order to grasp the initiative, sometimes government officials would deliberately let the bad news, in order to make comments follow close on succession to favorable toward the direction of their development. They won't turn bad news leaked to anyone, but selectively leaked to give them better, for their more sympathy, media reporters. So the government's credibility will be greatly reduced, affect the government's reputation, the final against the government. But I think that any government has its own interests, the regulation is necessary to. The freedom of the press and the government regulation is a pair of contradictory unity, government regulation is not the freedom of the press will lead to tyranny and dictatorship, without government control of the press freedom leads to public interests and private interests. The government management of the news media should be the standard media behavior, maintaining normal social order and justice, and not limit media freedom of the press, media coverage of news events intervention.
  

  Four, summary 
    The freedom of the press is often the freedom and rights of a state or government to take seriously, therefore it can represent a country or government information freedom attitude towards. In the country within the scope of the freedom of the press is a kind of system, to realize the right to know must also rely on a complete news laws and regulations to protect, each regulations system in the final analysis and overall development and social system associated. The western economic system derived from the freedom of the press and the right to know can not and will not drifting away from the system, become a free form independent. Although American currently fall into in the protection of the freedom of the press of trough, the government control of the media by some means, the relationship between interest groups and media perplexing, news control principle still exists, degree, ability and scope, hinder the freedom of the press to achieve, and then about public opinion, but I think the freedom of the press has been well carried out in the USA, even it has so many disadvantages, especially the first amendment to the constitution to effectively protect the freedom of the press.


　　
Reference.
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