NCJ Number
55490
Journal
Indiana Law Journal Volume: 53 Issue: 4 Dated: (SUMMER 1978) Pages: 621-677
Date Published
1978
Length
57 pages
Annotation
THIS ARTICLE DISCUSSES THE RELEVANT LEGAL POLICIES AND TRENDS INVOLVED IN GOVERNMENTAL CONTROL OF THE PRESS AND FREE SPEECH. THE INTEGRATION OF INTERNATIONAL STANDARDS INTO DOMESTIC LAW IS EMPHASIZED.
Abstract
NOT ONLY THE THREATS POSED BY TERRORISTS, BUT ALSO THE RESPONDING MEASURES OF GOVERNMENTS ACTING IN 'THE NATIONAL SECURITY INTERESTS', DEMONSTRATE AN OBVIOUS DANGER TO DEMOCRACY. IT WOULD BE FOOLISH TO CREATE AN AMERICAN DICTATORSHIP AT A TIME WHEN TERRORISM IS FAR LESS HAZARDOUS TO LIVES THAN DRUNKEN DRIVING. IMPERMISSIBLE APPROACHES TO CONTROL OF THE MEDIA, IN THE NAME OF ANTI-TEROR, ARE SURVEYED AND CONTRASTED AGAINST THE INTERNATIONAL LEGAL NORMS OF HUMAN RIGHTS. IT IS INCONCEIVABLE THAT SUCH CONTROL MEASURES COULD WITHSTAND THE HUMAN RIGHTS CRITERION OF NECESSITY WITHIN DEMOCRATIC LIMITS. INSTEAD, RESTRICTIONS ON THE MEDIA'S COVERAGE OF TERRORISTS WOULD FAIL ANY CHALLENGE ON CONSTITUTIONAL OR HUMAN RIGHTS GROUNDS. IT IS SUGGESTED THAT THE MEDIA NOT BE REPRESSED BUT RATHER ENCOURAGED TO FOSTER PUBLIC AWARENESS OF THE PROBLEMS POSED BY TERRORISM. THE FOCUS OUGHT TO BE ON COOPERATIVE MANAGEMENT OF TERRORIST SITUATIONS AND RESPONSIBLE MEDIA COVERAGE OF TERRORIST INCIDENTS. THE FOREIGN POLICY OF THE UNITED STATES SHOULD STRESS RESPECT FOR THE FUNDAMENTAL FREEDOMS OF SPEECH AND FREE PRESS AND OPPOSE GOVERNMENTS WHO DENY SUCH LIBERTIES IN EFFORTS TO CONTROL UNREST AND ILLEGALITY. FOOTNOTES ARE PROVIDED. (AUTHOR ABSTRACT MODIFIED--TWK)