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April 4, 2025 34 mins

The salient point of today's discourse centers on the imperative nature of freedom of the press as a cornerstone of democratic society. As we delve into the intricacies of this topic, we shall explore the alarming erosion of such freedoms in contemporary America and the vital role that a free and independent press plays in safeguarding democracy by holding those in power accountable. Furthermore, I shall illuminate the historical context of the First Amendment, emphasizing its foundational significance in protecting citizens from governmental overreach. We shall also examine the contemporary challenges posed by misinformation, disinformation, and media consolidation, which threaten to undermine the integrity of journalism. Ultimately, this episode serves as a clarion call for enhanced media literacy and the revitalization of local journalism as indispensable tools for fostering an informed citizenry and a resilient democracy.

The podcast episode is an incisive examination of the current state of press freedom and its critical importance within the framework of American democracy. Heather Hester, the host, articulates a fervent appeal for the necessity of an independent press, asserting that the erosion of this freedom poses a significant threat to the democratic ideals that underpin society. The narrative commences with a call to action, urging listeners to engage in 'Hands Off' day, reflecting a broader movement against the encroachment of authoritarianism by influential figures who seek to monopolize power and influence.

As the conversation unfolds, Hester delves into the historical underpinnings of the First Amendment, contextualizing its establishment as a safeguard against government overreach. The episode highlights the role of landmark judicial cases that have shaped the landscape of press freedom, with particular emphasis on the vital function of journalism in holding the powerful accountable and providing the public with essential information. Hester's exploration extends to contemporary challenges, including the rampant spread of misinformation and the complexities introduced by social media, which often prioritizes divisive and sensational content over substantive reporting.


Hester calls for a renewed commitment to media literacy as a means of empowering individuals to navigate the increasingly convoluted informational terrain of today’s society. By fostering critical thinking skills and encouraging engagement with diverse media, the episode advocates for a collective effort to rejuvenate local journalism and promote informed civic participation. As Hester poignantly concludes, the responsibility to protect democratic values and uphold the integrity of the press lies not only with institutions but also with each individual, as we strive to cultivate a society that values truth and transparency.

Takeaways:

  • The First Amendment is crucial to protecting the freedoms of speech and press, ensuring democracy's vitality.
  • Misinformation and disinformation pose significant challenges, undermining public trust and complicating responsible journalism.
  • A free press serves as a vital check on government power, promoting accountability and transparency.
  • Media literacy education is essential for empowering individuals to critically evaluate information and resist manipulation.
  • Historical cases, such as the Pentagon Papers, reinforce the necessity of safeguarding press freedoms against government censorship.
  • The decline of local journalism threatens civic engagement and informed public discourse in communities across the nation.

Links referenced in this episode:


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Transcript

Episode Transcript

Available transcripts are automatically generated. Complete accuracy is not guaranteed.
(01:41):
Welcome to beyond the Breath.
I'm your host, Heather Hester,and I am so glad that you are here
today.
So before I get into today'stopic, I want to encourage you to
participate in Hands off daytomorrow, Saturday, April 5th.

(02:01):
Donald Trump and Elon Muskthink that this country belongs to
them.
They're taking and destroyingeverything they can get their hands
on, and they are daring eachone of us and the world to stop them.
Tomorrow, we're taking to thestreets to fight back with a clear
message.

(02:22):
Hands Off.
There are events planned inall 50 states, in cities and towns
big and small.
Go to handsoff2025.com tolearn more.
There is a link in the shownotes as well as in my link tree
where you can also learn more.
So go check it out.

(02:42):
Go check out what events areplanned near you and get out there.
As John Lewis said and CoryBooker continued earlier this week,
let's get into some good trouble.
So today's episode is thefirst in a series talking about freedom

(03:03):
of speech.
Today we're specifically goingto talk about freedom of the press
and the importance of thefourth Estate.
The First Amendment ranksright up there as one of the things
that many of us learned eonsago, that events of the past two
years have required, or atleast inspired us to clear the cobwebs

(03:27):
from that corner of our brain,to remember, or perhaps even relearn,
the importance of.
I know that I'm not alone insaying that I took for granted these
rights and these freedomsafforded all of us by the Constitution.

(03:48):
And now, as they are beingviolated or removed at an alarming
rate, I wanted to do my partin waking and shaking us to the reality
of what is happening.
Democracy and all of thepieces that are so unique to our
country, the United States andour Constitution is not a given.

(04:14):
Let me say that again.
Democracy is not a given.
This horrific administrationand all those within are a flashing
neon sign of what happens whenwe take all of our freedoms for granted,
when we forget why we havethem or what they stand for, or that

(04:40):
we the People means allpeople, all Americans.
It is not too late to saystop, to be heard, to open your eyes,
and then help open the eyes of others.
Since the sheer volume andbreadth of the way these idiots are

(05:03):
trying to steal our country isso enormous, we need to pick one
area in which to start.
I want you to think abouteverything you've heard in just the
past 24 hours.
Now hone in on one that really resonates.
That's where your focus isgoing to be okay, so now we're going

(05:30):
to get into the nitty grittyof why freedom of the press is central
to so much of what ishappening and why we're starting
here.
I want you to take a minute tothink about a time that a newspaper
article or a story in theevening news caught your attention

(05:51):
or had a role in shaping yourperspective on something.
Was it because it challengedan existing belief of yours, or did
it introduce new informationor share wisdom or knowledge?
Was it the style of writing orthe reporting that made an impression

(06:15):
on you?
Was it the recognition of abroader worldview?
Whatever it was, my guess isthat it encouraged you to continue
to seek information, wisdom,and even answers through journalism.
What a privilege it is or wasto have access to different opinions,

(06:43):
to be able to trust in theintegrity and truth of journalism.
This privilege and naivete didnot recognize the gaping hole that
trust left open forcorruption, lying, greed, and ultimately

(07:04):
destruction.
So before I get too ahead ofmyself, I want to take a look at
some historical context of theFirst Amendment and its roots in
democratic principles.
The First Amendment to the U.S.
constitution states, quote,congress shall make no law respecting

(07:28):
an establishment of religion,or prohibiting the free exercise
thereof, or abridging thefreedom of speech or of the press,
or the right of the peoplepeaceably to assemble and to petition
the government for a redressof grievances.

(07:49):
End quote.
This is rooted inEnlightenment ideas of individual
liberty and government accountability.
The First Amendment wasdesigned to protect citizens from
government overreach andensure a free flow of information
and ideas.

(08:10):
Take a moment and think abouthow novel of an idea that was at
that time.
The Founding Fathers,particularly James Madison, recognized
that a free press wasessential for democracy, allowing
the public to hold leadersaccountable and fostering an informed

(08:32):
electorate.
Just think about that.
Think how cool that is now andhow amazing that was then.
Throughout American history,freedom of speech and the press have
been tested and reaffirmed intimes of war, political upheaval,

(08:55):
and social change.
There have been many importantcases, but I'm just going to outline
a few right now that haveshaped and cemented the importance
of freedom of the press.
The first is the New YorkTimes versus the United States in
1971, which is also known asthe Pentagon Papers case.

(09:19):
This landmark decisionreinforced the principle that prior
restraint governmentcensorship before publication is
unconstitutional in most cases.
The Supreme Court ruled thatthe Nixon administration could not
prevent the New York Times andWashington Post from publishing classified

(09:41):
documents about the VietnamWar, solidifying the press's role
in exposing government misconduct.
The second case is Shen versusthe United States in 1919.
This case was introduced, orthis case introduced the clear and

(10:02):
present danger test, whichallowed the government to restrict
speech during wartime if itposed a significant threat.
Although later refined, thiscase highlighted the complexities
of balancing free speech withnational security.
The third case is Hustlermagazine versus Falwell in 1988.

(10:27):
This ruling reinforced thatpublic figures cannot sue for emotional
distress over parodies orsatirical content, emphasizing the
importance of free expressionand criticism and humor.
And finally, the fourth caseis the New York Times versus Sullivan,
1964.

(10:48):
This case set the actualmalice standard for defamation lawsuits
involving public officials,protecting the press from frivolous
libel claims and ensuringrobust reporting on government officials.
So I thought it would beinteresting just to quickly take

(11:08):
a look at how free speech andfree press specifically differ around
the world.
Currently, in the UnitedStates, the First Amendment offers
broad protections allowingeven controversial or offensive speech
unless it incites eminentlawless action.

(11:30):
And that's important toremember because that's something
that we are going to circleback to in the next beyond the breath
pod when we talk morespecifically about freedom of speech.
In the European Union, the eu,many countries have stricter regulations
on hate speech, with lawsagainst Holocaust denial, hate speech

(11:54):
and incitement to violence.
For example, Germany's NetworkEnforcement act requires social media
platforms to remove illegalhate speech within 24 hours.
In China and Russia, statecontrolled media and heavy censorship
limit press freedom with lawsagainst dissent and restrictions

(12:17):
on independent journalism.
In Scandinavian countries,they are frequently ranked as having
the highest press freedom,with strong protections for investigative
journalism and government transparency.
And then it is no surprisethat in many developing countries,

(12:40):
developing nations, theystruggle with press freedom due to
government control, threats tojournalists, and just lack of legal
protections.
So while the First Amendmentprotects most forms of speech, the
digital age has amplified thespread of misinformation at an unprecedented

(13:04):
rate.
False information aboutelections, public health, climate
change, just to name a few,can spread rapidly online, influencing
public opinion and endangering lives.
Social media platforms havebecome major players in moderating

(13:24):
content, raising questionsabout who decides what constitutes
misinformation and how toenforce accountability without infringing
on free speech.
The challenge lies indistinguishing between harmful misinformation,

(13:45):
such as deliberatedisinformation campaigns and protected
speech that might simply beunpopular or controversial.
Policymakers, journalists,educators, and tech companies are
really just grappling with howto combat false narratives while

(14:08):
upholding democratic values.
Some countries haveimplemented laws to punish misinformation,
but these laws can be abusedto silence dissent or suppress legitimate
criticism.
For now, it seems that medialiteracy education is a key strategy

(14:28):
to empower us to criticallyevaluate sources, verify facts, and
resist manipulation.
Encouraging open dialogue andfact checking rather than censorship
may provide or may be one ofthe healthier paths forward.

(14:51):
Since this is something we cando, I want to give you three actionable
tools.
The first is to use yourcritical thinking skills.
You may need to dust them offa little bit and practice a little
bit, but you don't need toover complicate it.
Simply ask why as you peelaway the layers of information, misinformation

(15:18):
and disinformation.
The second and the third areboth online sources that I will link
in the Show Notes.
Media Literacy now offers anextensive online library featuring
advocacy tools, lesson plans,and activities designed to support

(15:38):
media literacy educationacross various settings.
And then the other one Ireally like is Pen America's Media
Literacy Toolkit.
It's called Knowing the News,and it offers media literacy training
to equip the public, all ofus, with skills to identify and prevent

(16:00):
the spread of false andmisleading information.
So I will again, we'll linkthose in the Show Notes and I highly
recommend that you go andcheck those out.
Okay, so let's get into thepress as the Fourth Estate.
Why is it called this and whyis it important?

(16:21):
The term Fourth Estate refersto the press and news media, both
in their traditional printform and digital iterations, as a
societal or political force orinstitution whose influence is not
officially recognized as abranch of government.

(16:42):
So there are the threebranches of government, executive,
legislative, and judicial.
And then the press is theunofficial fourth estate.
Historically, this termemerged in the 18th century, and
it really gained a lot ofpopularity during the Enlightenment
when it was recognized thatthe press played a crucial role in

(17:08):
shaping public opinion,advocating for accountability, and
protecting democracy.
The press serves as awatchdog, holding the powerful to
account, exposing corruption,and providing the public with the
information necessary to makeinformed decisions.

(17:31):
In a democratic society, afree and independent press is essential
to ensuring transparency andpreventing abuses of power.
It complements thelegislative, executive, and judicial
branches by fostering aculture of scrutiny and public discourse.

(17:54):
The significance of the FourthEstate lies not only in its ability
to inform, but also in itsresponsibility to challenge authority,
question policies, and amplifydiverse voices in society, especially
those that are oftenmarginalized or silenced.

(18:17):
The press is also a check ongovernment power.
Journalism has long served asa counterbalance to authority, revealing
injustices, corruption, andabuse of power.
Investigative reporting hasbrought to light everything from
political scandals for exampleWatergate to financial fraud, environmental

(18:41):
crises, and human rights abuses.
In the US The First Amendmentprotects the press's right to scrutinize
government actions withoutfear of retribution.
This protection ensures thatthe government remains accountable
to the people it serves.
Globally, press freedom isoften seen as a barometer of democratic

(19:05):
health.
Where the press thrives,government accountability is usually
higher.
I want you to think about this.
Do you think that's workingright now?
I want to circle back tosomething I mentioned just a little
bit ago, which are two of thebiggest modern challenges.

(19:26):
Misinformation and disinformation.
What's the difference?
Because it seems sometimesthat these words are used interchangeably.
Misinformation anddisinformation both involve the spread
of false or inaccurateinformation, but they differ primarily
in intent.

(19:46):
Misinformation refers to falseor inaccurate information shared
with without the intent to deceive.
Individuals spreadingmisinformation believe the information
to be true but are mistaken.
Examples include unintentionalerrors such as incorrect dates, statistics,

(20:10):
or translations.
Disinformation is falseinformation deliberately created
and disseminated with theintent to mislead or deceive others.
This includes tactics likehoaxes, propaganda, or malicious
content designed to harm ormanipulate public opinion.

(20:34):
Understanding this distinctionis crucial, especially right now
when information digitallyspreads so rapidly.
Recognizing whether falseinformation is shared innocently
or with malicious intent canhelp in developing appropriate responses
and strategies to address andmitigate its impact.

(20:58):
These misinformation anddisinformation campaigns, sometimes
government sponsored, haveeroded public trust in the media
and contribute to widespread polarization.
Media consolidation has becomeanother huge, huge challenge.
By placing large pieces of thenews industry under the control of

(21:22):
a few corporations, raising aton of concerns about reduced editorial
independence, homogenizedperspectives, and profit driven priorities,
just to name a few.
And finally, journalists areincreasingly facing threats, harassment,

(21:43):
and even violence both onlineand in real life.
According to Reporters WithoutBorders, hundreds of journalists
are imprisoned or killedannually, especially in countries
with authoritarian regimes.
The war in the Ukraine hasshowcased both the bravery and peril

(22:05):
faced by journalists reportingfrom conflict zones.
International correspondentshave risked their lives to document
the human toll of theinvasion, while local journalists
provide essential perspectivesoften ignored by global outlets.
In Iran, journalists have beenjailed or exiled for covering protests,

(22:29):
particularly those led by women.
The suppression of presscoverage in these contexts underscores
the essential role ofjournalism and bearing witness and
amplifying unheard voices.
In the US political divisionshave fueled growing hostility toward

(22:50):
journalists, where rhetoriclabeling reporters as, quote, enemies
of the people contribute to adangerous environment.
So at a time when it is soneeded, independent journalists and
citizen reporters have filledthe gaps left by traditional newsrooms,

(23:14):
especially in underrepresentedor underserved communities.
Platforms like substack,Patreon, and YouTube allow journalists
to build direct relationshipswith their audience, though they
also face challenges aroundfinancial sustainability and fact
technology checking.

(23:35):
Citizen journalism, such aslive streams during protests or on
the ground footage duringnatural disasters, has democratized
news production, although italso requires audiences to carefully
assess credibility.
Do you see in both of theseexamples how necessary it is to hone

(23:58):
your critical thinking skills?
So what is the impact ofsocial media algorithms on journalism?
Algorithms determine whatcontent users see, shaping public
perception and potentiallyreinforcing echo chambers or mis

(24:19):
or dis information.
Social media companies havebecome the gatekeepers of information,
deciding what gets promoted,labeled, or taken down, a role that
was previously held by editors.
Can you see how this might bea major free speech issue or censorship

(24:41):
problem?
Efforts to address thesechallenges include algorithmic transparency,
regulations on digitalmonopolies, and public funding for
independent journalism.
Right now, it feels like theseefforts are being trampled on by
the billionaires that fundsocial media and some of the traditional

(25:04):
media.
But it doesn't mean that we quit.
We keep at it.
We keep educating others, keepfighting, keep using our voices.
Finally, I want to take a lookat the political and social implications
of a free press.

(25:25):
A free press is foundationalto a healthy democracy.
When the press is undermined,censored, or attacked, it becomes
harder for the public to holdinstitutions accountable.
Rhetoric that discreditsjournalists, such as labeling the
media as quote fake news orquote enemies of the people, can

(25:50):
lead to violence, selfcensorship, and erosion of trust
in factual reporting.
In the truth.
Authoritarian governmentsoften begin their rise to power by
curbing press freedom,controlling narratives, and criminalizing
dissent.

(26:11):
Remember, they use fear to control.
In democratic societies, evensubtle erosion, such as lawsuits
intended to drain mediaoutlets, resources or laws limiting
access to public informationcan have a chilling effect.

(26:33):
Social media hasrevolutionized the way people consume
news and engage in publicconversation, giving individuals
platforms to express opinionsand mobilize movements.
However, algorithms tend toprioritize engagement, often favoring
sensationalism, outrage or misand disinformation over fact based

(26:58):
reporting.
Echo chambers and filterbubbles can reinforce existing beliefs
and isolate users from diverseperspectives, deepening social and
political divides.
Social media platforms alsolack consistent standards across
countries, making it difficultto regulate hate speech and misinformation

(27:22):
and disinformation withoutinfringing on free expression.
Organizations like ReportersWithout Borders publish annual press
freedom indexes, rakingcountries based on legal protections,
journalist safety, mediapluralism, and independence.

(27:42):
In nations such as Norway andFinland, press freedom is highly
protected with strong publictrust and institutional support for
journalism.
In contrast, countries likeChina, North Korea, and Iran impose
strict censorship andsurveillance, routinely imprisoning

(28:03):
journalists who reportunfavorably on the government.
Even in countries considereddemocratic, press freedom can decline
due to political pressure,judicial harassment, or economic
manipulation.
Local journalism has beendecimated by economic pressures and

(28:23):
digital disruption, resultingin news deserts where residents have
little access to crediblelocal reporting.
When local newsroomsdisappear, communities lose watchdogs
that monitor city councils,school boards, and local law enforcement.
They then rely more on socialmedia for news, which can be riddled

(28:47):
with mis and disinformation.
Studies show that areaswithout robust local media have lower
civic engagement, higherpolitical polarization, and increased
corruption.
Revitalizing local journalismthrough nonprofit models, public
funding, or communitysupported initiatives is crucial

(29:12):
to ensure all people, allAmericans have access to accurate
information.
News Opportunities to Learn sohow can people become more discerning
consumers of news?
Like we talked about a littlebit earlier, media literacy education

(29:32):
equips people to analyze,evaluate, and create media content
thoughtfully and responsibly.
Teaching individuals,especially students, how to identify
credible sources, understandbias, and distinguish opinion from
fact can foster resilienceagainst mis and disinformation.

(29:58):
Encouraging a habit of crosschecking sources, supporting quality
journalism, and engaging inrespectful dialogue helps nurture
a more informed and empathetic public.
Initiatives such as factchecking organizations, public service
announcements, andpartnerships between media and educators

(30:21):
are growing strategies in thefight for truth.
Political polarization oftenleads audiences to seek news that
confirms their beliefs and todismiss outlets with opposing views
as just untrustworthy.
Accusations of bias candiscourage nuanced reporting or force

(30:43):
journalists to overcorrect orappear neutral, even when truth telling
demands clarity.
Efforts to rebuild trustinclude transparency about sourcing
and funding, diversifyingnewsroom voices, and engaging communities,
and how stories are told.

(31:05):
Journalists must navigate thedelicate task of remaining independent
and factual while beingresponsive to the needs and concerns
of a fragmented audience.
So I know that I threw so muchat you when I started writing and
researching this episode.

(31:25):
I thought I would keep itshort and simple.
But the more I got into it,the more I wanted to share with you,
and what it really boils downto is this.
Three things.
1.
A free press is essential to democracy.
The press serves as a vitalcheck on government power, holding

(31:47):
leaders accountable andinforming the public.
Undermining or censoring themedia weakens democratic institutions
and enables authoritarianismTwo modern challenges threaten the
integrity of journalism.
Misinformation,disinformation, media consolidation,

(32:09):
and targeted threats againstjournalists, combined with social
media algorithms that amplifysensationalism pose serious risks
to public trust, mediaindependence, and informed discourse
and 3 media literacy and localjournalism are crucial to civic health

(32:33):
as local news declines andpolarization increases.
Promoting media literacy andreviving community focused reporting
are key to sustaining civicengagement, key to combating misinformation
and disinformation, and key tofostering a more informed and connected

(32:57):
society.
If this episode sparkedsomething in you, take the next step.
Support local journalism.
Question what you read.
Share this episode withsomeone who needs to hear it.
Let's protect the truth together.

(33:18):
Your voice and your choices matter.
I have an excitingannouncement coming next week, so
until then, take care ofyourself and take care of each other.
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