Congress shall make no law…. abridging the freedom of speech, or of the press….
This is the part of the First Amendment and the words are very plain, and would seem to be beyond the power of even lawyers and politicians to twist or distort.
The Constitution’s framers provided the press with broad freedom. This freedom was considered necessary to the establishment of a strong, independent press. An independent press can provide citizens with a variety of information and opinions on matters of public importance.
Information is the oxygen of good democratic government. If people do not know what is happening in their society, if the actions of those who rule them are hidden, they cannot take a meaningful part in the affairs of that society. Information is not just a necessity for people; it is an essential part of good government.
Bad government needs secrecy to survive. It allows inefficiency, wastefulness and corruption to thrive. The Freedom of Information Act in Virginia does not mandate closed sessions. The mere fact that it says a governmental body may go into closed session is not a good reason to close the public out of the process.
Governments often prefer to conduct their business in secret. Governments would rather conduct their business away from the eyes of the public. And governments can always find reasons for maintaining secrecy.
Too often governments treat official information as their property, rather than something, which they hold and maintain on behalf of the people.
Public bodies have an obligation to disclose information and every member of the public has a corresponding right to receive information. The exercise of this right should not require individuals to demonstrate a specific interest in the information.
Where a public authority seeks to deny access to information, it should bear the onus of justifying the refusal at each stage of the proceedings. The public authority must show that the information, which it wishes to withhold, comes within the scope of the limited exceptions.
The government may not prevent the publication of a newspaper, even when there is reason to believe that it is about to reveal information that will endanger our national security. Also, the government cannot pass a law that requires newspapers to publish information against their will or impose criminal penalties, or civil damages, on the publication of truthful information about a matter of public concern. It can’t compel journalists to reveal, in most circumstances, the identities of their sources nor can it prohibit the press from attending judicial proceedings and thereafter informing the public about them.
No one disputes that we must safeguard our national security. But we must never allow the public’s right to know, enshrined in the Freedom of Information Act, to be suppressed for the sake of official convenience.
By Alagi Yorro Jallow
The author is founder and former managing editor of The Independent, the Gambia’s only private newspaper before it was banned by the government in 2005. He was a Reagan-Fascell Democracy Fellow at the National Endowment for Democracy, a 2007 Nieman fellow and is the author of Delayed Democracy: How Press Freedom Collapsed in Gambia published in 2013.
Yes ! but where is the information. Where are the policies? Who is the real spokesperson?
What is the current financial state ? Where is the available money to be spent/
Where are the financial forecasts ?
How much for Education, Jobs, Healthcare, Agriculture, Tourism,Police, Army The Justice system, Government, Infrastructure, Pensions etc Youth Training, Housing, Local Government, Civil Service etc.???
“Congress shall make no law…. abridging the freedom of speech, or of the press….”
Firstly, all parts of the Constitution can be amended, even the First Amendment. It will be difficult because it will require 2/3 of the House & Senate, and 3/4 of the States to approve such an amendment. But in theory it can be done.
Secondly, “freedom of speech” is already abridged: there is the Law of Perjury which restricts what you can say, and there is the Law of Libel and Defamation.
Thirdly, Obama sent a reporter to JAIL – for not disclosing source.
Fourthly, for FAIR HEARINGS to take place, Courts have the power to force a publisher to disclose a source – and you will go to jail if you disobey a court order.
THIS PIECE SEEMS TO BE ABOUT THE USA. IT IS COMPLETELY OFF THE MARK ON THE POSITION IN UK – AND ALSO IN THE GAMBIA. NO WONDER “FAKE NEWS” IS “BORN IN THE USA”!!!!
Sacro sanctus! Alagi. Nothing can be more important. We must preserve and cherish the freedom to express our feelings and thoughts without fear. These the most basic yet the strongest foundation of human progress is sacred.
The DISGRACEFUL journalist who did jail time “protecting her source” here: Judith Miller
Wikipedia, the free encyclopedia. Look her up – I don’t think “journalists” like her should get ANY protection whatsoever!
Mr. Halake. You are absolutely correct in your analysis. I read the piece last night and I was troubled. Mr. Jallow is a learned man but he is way off on this one. I hate to write and have people take it as I am personally attacking someone. The first thing that jumps to mind when I read the piece was that the United States Constitution is not applicable to The Gambia. Freedom of the press is mentioned in the Gambian Constitution so on matters that are Gambian Constitutional issues, The Gambian Constitution should be used. I have said this before and I will say it again, no constitutional provision is absolute.There many Gambians who do not see this fact. And, I know my brother and your friend Mr. Mai Fatty made this error, but press freedom in United States is not a fundamental right and never has been. Have a great day!
It’s not about USA or Gambia, human rights and liberty gauranteed by expressive freedom has no jurisdiction . Free speech is same worldwide. No sane person can find issue with that .
Dr. Sarr, I avoid not responding to your comments because they rarely stick to the issue that a write has put forth. Why does almost every country in the world has a constitution? Please do me a favor and talk about things that you know. I am not sure if you understood what I wrote earlier. Please read it again and if you are still not sure, please ask someone else who may have a better understanding of it. Have a great day.
It takes good intentions and a keen mind to understand where I am coming from. I understand.
By the way “avoid not” is a double negative. It means you do not avoid. At least attempt proper sentence structure. Just a suggestion, not an insult.
I meant that a writer put forth.
Thank you for the correction Dr. Sarr.
There are certain basic constitutional rights that are almost universal. Thus when Yorro Jallow brings forth the analogy on press freedom , as it applies out here in the USA vis- a -vis The Gambia- I find it very educative . What is good for the turkey must be good for the goose. Hi Yarrow ! Its been more than a decade nor see. Hope all ‘s well & greet Baba Galleh for me. Alpha Lebbie. Boston, Massachusetts, USA.