Freedom of the Press

When my mother told me this morning during our weekly phone call between Portland, Oregon and Devon, England that the BBC had been prevented from airing a report on the “cash-for-honours” scandal, I shared her outrage. But in reading about the injunction on the BBC’s web site (reporting about not being allowed to report), I’m not so sure.

The scandal alleges Prime Minister Tony Blair and/or the Labour Party traded nominations for receiving awards bestowed by the Queen, for campaign contributions. Details of British election funding in this Q & A. Here‘s how the upper House in Britain’s Parliament is set up, and Q & A on the current scandal/allegations/investigation here.

I just linked to all that instead of explaining it, as I think the core question raised for us is regarding the proper role of the press in investigative reporting. The British Attorney General issued the injunction on the BBC’s story about an e-mail they obtained, on the grounds that its publication might hinder the ongoing investigation. The right to a fair trial with the presumption of innocence of anyone charged as an outcome isn’t mentioned, but surely factors in when the media acts as sleuth, prosecutor, and jury, as sometimes happens in investigative reporting.

Freedom of the press is enshrined in our Constitution. “Innocent until proven guilty” is not. But other tenets of “fair” criminal investigations are in the Bill of Rights, such as the right to avoid self-incrimination by remaining silent. Police officers are required to inform suspects of this right; media reporters are not. There is no qualifying phrase in Amendment 1 of the US Constitution providing absolute freedom of the press, the way there is in Section 8 of the Oregon Constitution on freedom of expression, “but every person shall be responsible for the abuse of this right.” Are there any other significant laws about freedom of the press affecting criminal investigations in the US?

Thought for the day: If publication of details of an investigation may obstruct law enforcement officers’ ability to secure arrests and convictions, is there ever a time when this should trump Freedom of the Press?