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RIGHT TO PRIVACY.

Constitutional issues (First & Fourth Amendments) related to individual right to privacy & right of freedom of expression by TV & print media.

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The Federal Communications Commission (FCC) is in charge of regulating the American broadcasting media such as radio and television. One thing that the FCC seeks to insure is that the First Amendment rights to free speech of broadcasters do not impinge upon the Fourth Amendment rights to privacy of individual citizens. In this regard, it may be noted that radio and television broadcasters do not have the same freedom of speech that newspapers and the other print media have. From the very beginnings of commercial radio broadcasting at the turn of the twentieth century, the U.S. Supreme Court has consistently ruled that there are inherent differences between the broadcasting and print media. In particular, it has been argued that "whereas newspapers and magazines were attempting serious discussion of the news, the medicine men and entertainers of radio, by

Thus, the right to privacy has always takenprecedence over freedom of speech in terms of broadcasting. In fact, it is clearly stated in the First Amendment ofthe Constitution that the government will not interfere in matterspertaining to freedom of the press. This discrepancy hasbeen caused by the view that broadcasting, as a new, electronic medium, issomehow more potentially intrusive into the private lives of individualsthan the press is. The state decided that, because Zacchiniwas a public performer, the television station had the right to broadcasthis performance as part of the news. During that sameperiod, however, the Supreme Court also took steps toward limiting thefreedom of speech of broadcasters. Section One of the Fourteenth Amendmentreads: "No state shall make or enforce any law which shall abridge theprivileges or immunities of citizens of the United States; nor shall anystate deprive any person of life, liberty or property, without due processof law; nor deny to any person within its jurisdiction the equal protectionof the laws" (Goode 2 ). From the wording of Section One, it is clear that theFourteenth Amendment was intended not only to abolish slavery in the UnitedStates, but also to strengthen the powers of the federal government. The Ninth Amendment thus allows for future modificationsor interpretations of all the other amendments. There is a fine line to be drawn in deciding between theFourth Amendment right to privacy of the individual and the First Amendmentfreedom of speech of news reporters. The Ninth Amendment points out that there are other inalienablerights for American citizens which are not listed in the Constitution, and"since none of these 'additional rights' were named, it was left for laterAmericans to discover what they were and undertake proper protection ofthem" (Goode 19). As a result of these interpretations, both thefreedom of speech and the right to privacy as contained in the Bill ofRights have been reinforced in American law. The limitations which have been imposed on thebroadcasting media have been justified by the idea that they are both morefrivolous and more intrusive than the print media. In addition, the states aregenerally required to go along with federal rulings on exactly what ismeant by those rights. This position was further enforced in a 1932 case involvingthe Federal Radio Commission (the forerunner to the Federal CommunicationsCommission). We The People: The Story of the United States Constitution Since 1787. Thus, "we fear broadcastingbecause we don't understand it as well as we do print" (214-215). In the late 178 s, before the Constitution was ratified, many membersof the First Congress demanded a Bill of Rights in order to limit thepowers of the federal government and thus insure the rights of the statesand individuals. The Fourteenth Amendment was originated by agroup of "Radical Republicans" in the Congress of the time, whose leaderswere Senator Charles Sumner and Congressman Thaddeus Stevens (Faber andFaber 1 8). In 1915, for example, the Supreme Courtdecided that "motion pictures, including newsreels, were not part of thepress" (Powe 12). Thus, as in the 1915 decision onmotion picture newsreels, it was again determined that broadcasting issimply "not included under the First Amendment" (22). However, as noted bythe communications expert Lucas A. The irony of this situation can be seen in the fact that the press,at the same time, has been given very strong confirmation of its ownfreedom of speech. Because of this opinion,broadcasting has never been given the same level of freedom which isenjoyed by the press. Thus,over the years, "the Supreme Court has used the amendment to extend therights, as listed in the first ten amendments, to the states and to requirethe state governments to abide by the requirements of the federalConstitution" (Goode 2 ). New York: Charles Scribner's Sons, 1987.Goode, Stephen. However, because broadcasting is arelatively new medium, it has been subjected to interpretations under thepowers granted by the Ninth and Fourteenth Amendments. Thus, it can be said that America is now reaching a level offamiliarity with broadcasting whereby it can take its rightful placealongside the print media as an important source of information for moderntimes. The ability of the American legal system to interpret the amendmentsin this way was granted in part by the Ninth Amendment to the Constitution,which states: "The enumeration in the Constitution of certain rights shallnot be construed to deny or disparage others retained by the people" (Goode19). Other Supreme Court cases since that time have further emphasizedthis position, and, because of the wording of the Fourteenth Amendment,what the federal government has decided has held true for broadcasters inall of the individual states. Nevertheless, it is implied in the Fourth Amendment of theBill of Rights in which American citizens are given freedom fromunreasonable search and seizure. In this case, it was claimed that a broadcasting personalityhad invaded the privacy of certain public officials by making derisivestatements over the radio. Since the196 s, this interpretation has been expanded to include not only motionpicture newsreels and the radio, but television broadcasting as well. Another amendment which has permitted a broad interpretation ofConstitutional law and has thus affected both freedom of speech and theright to privacy is the Fourteenth Amendment. At first, the Ohio State Courtof Appeals defended Zacchini's right to privacy in the matter and statedthat the television station was not protected by the First Amendment.However, the Ohio Supreme Court overturned this ruling, stating that"freedom of press inevitably imposes certain limits upon an individual'sright of privacy" (Hixson 144). Although the right to privacy must continue to be cherished andprotected, at the same time there is no need to isolate broadcasting asbeing more intrusive than the press. This argument is quickly becoming obsolete as Americans havebecome increasingly reliant upon radio, television, and other broadcastmedia. The Federal Communications Commission (FCC) is in charge ofregulating the American broadcasting media such as radio and television.One thing that the FCC seeks to insure is that the First Amendment rightsto free speech of broadcasters do not impinge upon the Fourth Amendmentrights to privacy of individual citizens. Although freedom of the press is explicitly providedin the Constitution's First Amendment, the federal government has takenupon itself the task of regulating the broadcast media in order to helpprotect the rights to privacy of the American people. New York: Franklin Watts, 1983.Hixson, Richard F. As a regulatory agency, the FCC still plays an active role inprotecting the rights of privacy of individuals and otherwise keepingbroadcasters in check. In this regard, it may be notedthat radio and television broadcasters do not have the same freedom ofspeech that newspapers and the other print media have. From the verybeginnings of commercial radio broadcasting at the turn of the twentiethcentury, the U.S. However, the Fourth Amendment is challenged by the wording of theFirst Amendment, which gives to all Americans freedom of speech and freedomof the press. It is evident that the rightto privacy is vital in American society; however, it is also important thatthe broadcasting media be treated on equal footing with the print media.Both forms of media are important sources of information as well asentertainment. Forexample, in 1976, a circus performer named Hugo Zacchini initiated alawsuit in Ohio because a television reporter filmed and broadcast hisperformance against his expressed wishes. In the past, broadcasting has beeninterpreted as more intrusive and dangerous to privacy than print.However, there is no valid justification for this assertion aside from thefact that broadcasting is a relatively new media whose full powers are notyet known. Privacy in a Public Society: Human Rights in Conflict. It is for this reason that the federal government, including theFederal Communications Commission, has the power to interpret the rights ofbroadcasters throughout the nation. Works CitedFaber, Doris, and Harold Faber. Nevertheless, when the case reachedthe U.S. Furthermore,because of the wording of the Fourteenth Amendment, the position of thefederal government and the FCC has taken precedence over that of theindividual states. Berkeley: U of California P, 1987.----------------------- 9 Inparticular, it has been argued that "whereas newspapers and magazines wereattempting serious discussion of the news, the medicine men andentertainers of radio, by contrast, were aiming to alleviate the boredom ofthe public and exploit its naivete" (Powe 12). Supreme Court, the ruling was again overturned in an expression ofthe federal government's concern with protecting the privacy of theindividual over the freedom of speech of broadcasters. Therefore, it was clearly indicated that motion picturenewsreels were not protected by the First Amendment in the same way thatthe press was. Thus, in the 192 s, the Supreme Court decided"that freedom of speech and of the press--which are protected by the FirstAmendment from abridgement by Congress-- are among the personal rights andliberties protected by the due process clause of the Fourteenth Amendmentfrom impairment by the states" (Faber and Faber 21 ). Clearly, there is a need for the laws of the American Constitution tokeep pace with changes in modern technology. Supreme Court has consistently ruled that there areinherent differences between the broadcasting and print media. Nevertheless, this fine line can becrossed because the Ninth and Fourteenth Amendments have turned theConstitution into "a living document, growing with the times" Faber andFaber 213). The Right to Privacy. The Supreme Courtclaimed "that the First and Fourteenth Amendments did not immunize thebroadcasting company from liability for televising the performer's entireact" (145). The Fourteenth Amendment wasadopted in 1868, in the years following the American Civil War. It can be seen that the privacy of an individual couldeasily be abused by the right of the press to say whatever it wants to.Thus, over the years, the American courts have sought to limit such abusesby interpreting the Bill of Rights in ways which protect individualcitizens from such things as libel and slander in the press. However, it seems that the right to privacy can beprotected while at the same time allowing broadcasters the same rights tofreedom of speech which have been given to the print media throughout thehistory of the United States. Theamendment was designed primarily to insure basic rights to the recentlyfreed black slaves of America. It was decided thatZacchini's right to privacy was violated because the television station hadbroadcast the performer's entire act against his wishes. Powe, Jr., the heart of the matter isthat broadcasting is treated differently from the press simply because itis a new and unknown form of technology. In deciding this case, the Supreme Courtindicated that the privacy of the individual should take precedence overthe freedom of speech of broadcasters. The right to privacy is not specifically mentioned in the U.S.Constitution. In this way, the Zacchini case affirmed the position of thefederal government that the right to privacy takes precedence over thefreedom of speech of broadcasters. James Madison, one of the chief writers of theConstitution, was at first opposed to the idea of the Bill of Rights.Madison later came to be a proponent of the Bill of Rights; however, heinsisted upon including the Ninth Amendment because he felt that the newlaws might otherwise be too restrictive for the future growth of thenation. American Broadcasting and the First Amendment. This amendment has been interpreted asprotecting the individual not only from search and seizure by governmentofficials, but also from invasions of privacy by other members of societyas well. New York: Oxford UP, 1987.Powe, Lucas A., Jr. During the early 19 s, the Supreme Courtused the wording of the Fourteenth Amendment to give greater freedom ofspeech to the print media. Since the origins of broadcasting inthe early twentieth century, both the government and the courts haveconsidered broadcasting as a new, unknown medium in contrast to the old,familiar medium of the press.

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