Sherry Knight Rossiter ——Bio and Archives--February 12, 2026

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The history of “a free press” in America goes back to the 1700s when early newspapers and political writers faced strict censorship from British authorities. Since most of the colonists had come to America to enjoy freedom from British rule, such censorship was not welcomed, and many American patriots continued to write and publish despite threats from the Crown.

It was for this very reason that America’s Founding Fathers made sure the United States Constitution included legal protections for freedom of the press as well as for freedom of speech and religion. Because of these safeguards within the First Amendment to the U.S. Constitution, which was ratified in 1791, several landmark cases have been adjudicated by the U.S. Supreme Court that have further strengthened freedom of the press.

Whoever would overthrow the liberty of a nation must begin by scrubbing freedom of the press.~ Benjamin Franklin

Even before the U.S. Constitution was ratified, a precedent-setting case for freedom of the press was won in 1735 when John Peter Zenger, the publisher of the New York Weekly Journal, was acquitted of libel for criticizing the Governor of New York, William Cosby. The defense argued that truthful public-interest statements cannot be libelous, and the jury agreed.

In 1931, the landmark case of Near v. Minnesota affirmed that the government cannot censor publications in advance. This was an extremely important win because otherwise the government would be able to make a list of topics that the press is prohibited from writing about.

In 1939, another landmark case known as Lovell v. City of Griffin expanded the definition of press as “every sort of publication which affords a vehicle of information and opinion.” This definition has since extended to all sorts of newspapers, books, plays, movies, and even video games.

In the New York Times Co. v. Sullivan case heard in 1964, it was established that public officials must prove “actual malice” to win a libel case. This finding continues to provide strong protection for the press even today in reporting about elected or appointed persons in government positions.

In 1972, the landmark case known as Branzburg v. Hayes provided a very interesting discussion of a journalist’s rights. The court held that while reporters have “a fundamental personal right” under the First Amendment to research and gather the news, they do not have a........

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