Threats to Press Freedom in America

According to Reporters Without Borders, an international organization dedicated to the protection of press freedom and journalists around the world, approximately one-third of the world's people live in a country with no press freedom. Most often, these countries are in Eastern Europe, Africa, Asia and South America, where laws restricting press freedom are generally wide open to interpretation, giving governments extensive power to censor news media and to press charges against journalists in the course of their work.

One example of these laws is security laws, which "aim to prosecute the press for violating national security, state interests, public order, or even public values" (Guida). The wording of these laws works in the governments' favor, enabling them to censor and attack news organizations and journalists for anything deemed objectionable in their eyes (Guida). A bill in Cameroon would "ban newspapers that attack the public order or that violate good behavior and values" (Guida).

Another type of law with the goal of restricting press freedom is insult laws, which "penalize reporters for insulting or violating privacy of officials" (Guida). These laws can often result in charges against journalists who expose corrupt officials rather than indictment of the official (Guida). Croatia's Parliament approved a libel law allowing legal proceedings for "offending or slandering the president, parliament speaker, prime minister or judges" (Guida).

Although Americans live in a country where freedom of the press is a right guaranteed by the U.S. Constitution, a free press in America was not so easy to come by. Similarly to Croatia's insult law, as late as 1907 the U.S. Supreme Court was "not ready to acknowledge that the rights of free speech and free press protected criticism of public officials" in the case of Patterson v. Colorado (McWhirter). A Colorado newspaper had published articles and cartoons suggesting unethical behavior by judges in the state's Supreme Court, who in turn "held the publisher of the newspaper in contempt of court without even holding a trial" (McWhirter). Only one Supreme Court Justice dissented to the ruling that upheld the Colorado court's action.

In addition, in 1931 the Supreme Court heard a case concerning a Minnesota law that allowed state officials to close newspapers that "made a public nuisance of itself by publishing malicious, scandalous and defamatory material" (McWhirter). This law can be likened to a security law. Though the Supreme Court would recognize the right of a newspaper to challenge the performance of public officials in the case of Near v. Minnesota, as recently as 75 years ago the highest court in America did not recognize the fundamental rights of press freedom enjoyed today (McWhirter).

This paper will discuss some of the most noteworthy examples of violence against journalists and assaults on press freedoms around the world. It will examine the similarities between the countries of Sudan and Iraq, where violence against journalists and censoring of the press is prevalent, and also between the countries of Russia and the United States, where violations of international human rights laws and the imprisonment of journalists are indicative of the possibility that our country is moving towards a society without a free press.

The Middle East is the world's most restrictive area when it comes to press freedom, where one country (Israel) has a free press and another (Kuwait) is partly free ("Three years"). The war in Iraq has been the deadliest for journalists since World War II ("Three years"). According to the Committee to Protect Journalists, where a journalist is considered to be killed on duty if they died as a result of hostile action, a total of 86 journalists have been killed in Iraq since the U.S.-led invasion began in March 2003 ("Three years"). The year 2006 has been the worst year so far, with 26 journalists being killed while carrying out their assignments. However, around 63 journalists were killed in Vietnam from the years 1955 to 1975 ("Three years"). This can provide some context for the number of journalists killed in Iraq.

The majority (65) of those killed in Iraq have been of Iraqi descent, with European journalists comprising 11 of the deaths, and the United States and all other countries making up the remaining nine deaths. Most of those killed (60) have been men, and most (50) have been murdered, with 36 deaths being caused by crossfire or other acts of war. The majority of the deaths (50) have taken place in the Baghdad province and most journalists (60) were killed by insurgent forces. Fourteen journalists have died as a result of U.S. fire, though the Committee to Protect Journalists has not found evidence that U.S. troops specifically targeted journalists in these incidents ("Three years").

After the March 2003 invasion of Iraq, Iraqi journalists began to experience unprecedented freedom. They had previously suffered torture, imprisonment and even death for criticizing the former regime, and some news outlets existed solely to promote Saddam Hussein's rule. Immediately after the war began, more than 150 new newspapers and many local television and radio stations were established. This was seen as one of the biggest success stories of the invasion (Al-Dulaimy).

However, journalists have begun to suffer abuses of press freedom at the hands of the Iraqi government, Iraqi insurgent forces and the U.S. military. Journalists have been beaten and detained in the country, their videotapes and cameras seized and smashed (Al-Dulaimy). Two prominent satellite television stations have also been affected. Al-Jazeera's Baghdad bureau has been censored for government criticism, and a reporter from Al-Arabiya was detained by Iraqi forces for two weeks "because he had footage of insurgent attacks" (Al-Dulaimy). Four journalists are being held at U.S.-controlled detention centers in Iraq, with no specific charges being cited (Al-Dulaimy).

In May 2005, the Iraqi government by way of spokesman said they remain committed to protecting journalists from maltreatment; however, they acknowledged that their main objective remains fighting terrorism, and since Iraqi police are frequent targets of insurgent attacks, they are "naturally suspicious" of reporters who arrive on scene soon after a car bombing (Al-Dulaimy). In addition, incidents in which insurgents used fake press identification cards to "get closer to their targets" have also been reported (Al-Dulaimy). It almost seems that they have attempted to justify their government's treatment of journalists.

In addition to being the most life-threatening assignment for journalists right now, Iraq also remains a dangerous area for kidnappings. American journalist Jill Carroll was kidnapped while on assignment for Christian Science Monitor in January and was held for three months by insurgent forces. She was kidnapped after a pre-arranged interview with an Iraqi official was cancelled; her driver got away unharmed but her interpreter was killed. During her three-month containment, Carroll was forced to study Islam and wear the traditional veil and foot-length clothing, but she also said she received no ill treatment (Finer).

The worsening internal conflict in Iraq that has been likened to "civil war" by former Iraqi Prime Minister Iyad Allawi is similar to the conflict in Darfur, the western region of Sudan. In recent months, increasing censorship of opposition and independent newspapers in Sudan has occurred as the situation in Darfur worsens and as citizens hold demonstrations against the country's price increases for things like fuel and sugar ("Sudan"). Entire press runs have been blocked, photographers have been beaten and cameras seized during such demonstrations. Media access to Darfur has been denied in addition to the confiscation of papers. After the end of Sudan's second civil war in 2005, a new constitution called for more press freedom ("Sudan"). These incidents are obviously in violation of the constitution.

The conflict in Darfur began in 2003, when members of ethnic African tribes took up arms against the Arab-dominated government in Khartoum with allegations of neglect and discrimination. Sudanese President Omar al-Bashir's government has been accused of having links to a group of militiamen known as "janjaweed," who have been credited with destroying hundreds of villages, killing its inhabitants (including women and children) and stealing livestock ("Q&A"). The government has denied any such links to the group. It is estimated that at least 200,000 people have died and more than 2.5 million people have been displaced, with many seeking refugee in neighboring Chad ("Q&A").

The United Nations, after sending investigative teams into the country, has denied genocide is taking place, but has authorized the deployment of 20,000 additional troops to assists the 7,000 African Union troops currently in Darfur. However, Bashir has rejected the offer, saying it would amount to a greater number of deaths and escalate the situation to that of Iraq ("Sudan").

The actions taken against members of the press in Sudan sound alarmingly like the violence and censorship taking place in Iraq. Additionally, detainment of reporters is also present in both countries. Paul Salopek, a reporter from the Chicago Tribune who was on assignment for National Geographic, was arrested in Sudan in August and held for a month on charges of espionage, passing information illegally, writing "false news" and entering the country illegally (Madhani).

Intense civil conflicts are present in both Iraq and Sudan. Iraqi insurgent forces and Darfur's African tribes are both denying their country's government, if for different reasons. The rising numbers of civilians killed at the hands of the government and rebel forces in both countries serves as evidence of their civil wars. Journalists covering such conflicts, as well as corruption and human rights abuses, are the ones most at risk in the profession.

Conflict and human rights abuses are present in the countries of Russia and the United States as well, making the situation for journalists in these industrialized countries just as difficult. Russia's role in the conflict in Chechnya amounts to "the single largest human rights crisis in Europe" ("Russian"). Civilians are killed and several "disappear" on a daily basis as a result of the conflict. According to Human Rights Watch, both parties are guilty of violations of human rights and international humanitarian law.

Chechen rebels have been linked to civilian attacks in Moscow and other major Russian cities, including the school siege in Beslan that resulted in the deaths of hundreds of schoolchildren, teachers and parents as well as the assassination of the Russian-installed president of Chechnya, Akhmad Kadyrov, in 2004 ("Russian"). Russian military forces and pro-Russian Chechens run unofficial detention centers where recurring unlawful detentions, torture, beatings, and executions aimed at coercing information about rebel forces take place ("Russian").

Thus far the Russian government has refused to establish any means of accountability for crimes committed by forces under its control ("Russian"). Investigations into these crimes have begun, but officials fail to do complete basic steps, like questioning eyewitnesses and relatives, so most investigations have remained unsolved. As a result, Russian federal forces continue "to commit war crimes and crimes against humanity," and these actions are seen as a strategy by Russia to defeat the Chechen resistance ("Russian").

According to Reporters Without Borders, violence against journalists in Russia remains the biggest threat to press freedom in the country. On October 7, U.S. born Russian journalist Anna Politkovskaya was found murdered in her apartment. She had been shot four times, once in the head, and her murder is widely believed to be a contract killing. As a journalist, her writings were often critical of the Russian army and Russian government and in support of human rights and the rule of law. She reported from Chechnya for Russia's liberal newspaper Novaya Gazeta, in addition to publishing several books about Chechnya, life in Russian, and President Vladimir Putin's rule, in a book called "Putin's Russia." Before her murder, she often received death threats as a result of her work, and is said to have been poisoned on her way to cover the school shootings in Beslan ("Obituary"). According to her newspaper's deputy editor, "Chechnya was always her main subject…everything she wrote was on the edge" ("Obituary").

Alarmingly, the United States is exhibiting characteristics similar to that of Russia and seems to be beginning to join the ranks of countries with limited press freedom. The imprisonment of New York Times reporter Judith Miller in 2005 is one notable case. Federal courts convicted her of contempt of court because of her refusal to reveal confidential sources after CIA operative Valerie Plame had been named in the media. She spent nearly three months in jail before agreeing to reveal her sources, though she had not actually written one published word about the Plame case. As a result of her imprisonment, Senate Resolution 192 was referred to the Senate Judiciary Committee, and it said: "Affirming that the First Amendment of the Constitution of the United States guarantees the freedom of the press and asserting that no purpose is served by sentencing journalists Judith Miller and Matthew Cooper, nor any similarly situated journalists, to prison for maintaining the anonymity of confidential sources" ("Senate Resolution"). In addition, two federal bills (the Free Flow of Information Act and the Free Speech Protection Act) are currently under consideration to federally recognize a source's right to privacy. Currently, 31 states have laws recognizing this right ("Senate Bill").

The United States' suspension of civil liberties and human rights during the War on Terrorism are indicative of the possibility of less than a free press. The Military Commissions Act of 2006 was signed into law by President George W. Bush on October 17. This law violates the constitutional right of habeas corpus, which is a legal challenge to a government's ability to detain an individual ("U.S.: Congress"). "The right to seek a writ of habeas corpus is considered an integral feature of democratic and constitutional governance and of international human rights law" ("Habeas Corpus"). Though there is some interpretation as to whether the Constitution grants the right of habeas corpus to non-citizens (which is the right being stripped away by the Military Commissions Act), the United Nations Human Rights Committee and Committee Against Torture found that "secret detention, indefinite detention without charge, and denial of habeas corpus violate the U.S.'s treaty obligations" ("USA: Many"). In addition, the Human Rights Committee has determined in its "authoritative interpretation of the International Covenant on Civil and Political Rights, that even in an emergency that threatens the life of the nation, in order to protect non-derogable rights, the right to take proceedings before a court to enable the court to decide without delay on the lawfulness of detention, must not be diminished" ("USA: Many"). The Military Commissions Act, in addition to violating the right of habeas corpus and allowing detainees to be indefinitely held, also limits protections against detainee mistreatment, including torture ("U.S.: Congress").

The Military Commissions Act is not the U.S.'s only federal legislation that limits protection of basic human and civil liberties. According to Amnesty International, the Patriot Act "undermines the human rights of Americans and non-citizens, and weakens the framework for promoting human rights internationally." The Patriot Act drastically expands the right of the federal government to conduct secret searches and wiretapping, as well as their access to private medical, financial and even library records. This lack of due process and accountability violates the first, fourth, fifth, sixth, eighth and fourteenth amendments.

In addition to human rights violations as a result of legislation passed during the War on Terrorism, imprisonment of journalists by the United States has risen. A 2005 report by the Committee to Protect Journalists found that the United States rose to sixth among countries jailing journalists. Four are being held at U.S. controlled detention centers in Iraq and one is being held at Guantanamo Bay.

Though the press in the United States still remains the most free in the world, the suspension of human rights during wartime, the treatment of journalists by U.S. military, and the imprisonment of journalists on American soil for failure to reveal confidential sources are indicative of the fact that even if we are not moving towards less than a free press, a journalist's ability to gather and report the news is being seriously eroded. Protection of sources is not yet guaranteed by federal law, but is considered an industry standard in the fact that the right of a free press should include the right to not reveal how a journalist obtains information for a story (McWhirter). Imprisonment for failing to reveal sources is just one dangerous trend that has begun in the United States in the last few years.

The United States' suspension of human rights and civil liberties, including habeas corpus, guaranteed by the Constitution and by international law is similar to the situation in Russia as a result of the conflict in Chechnya. The murder of journalist Anna Politkovskaya occurred as a result of her writings on the abuses of human rights in that region. Is it possible that a journalist reporting on the human rights abuses in the United States would also be subject to violence and death threats in the coming years? Will journalists fearing imprisonment for protecting sources be less inclined to report sensitive stories about government corruption and dealings?

Whether the United States is moving towards less than a free press, which is entirely possible given the recent erosion of human rights at the hands of our government, at the very least the actions of our government towards journalists here and abroad will result in the hampered ability of reporters to do their jobs. That in itself results in a less than free press.

Works Cited
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