On the RIGHT to receive information
Up until the present time, U.S. constitutional law on the freedom of the press has focused on forbidding government or government agencies to interfere with the press. This has been justified in a number of Supreme Court decisions on the basis of protecting the press's role in providing public information. In all of these decisions, the fundamental justification of the Court was the people's RIGHT TO KNOW and THE RIGHT TO RECEIVE information through a FREE PRESS.
But what if the free press is no longer free? And what if those denying the people's right to know and to receive information through a free press are those who actually own the presses and the other forms of information media?
We are at a turning point in American history. Up until this time, the American People, the Sovereign Power in this country, have been able to express their will through representative government. Now, powerful private interests in the United States are close to succeeding in their goal of transferring this Sovereign Power from the People to the powerful and privileged.
Without an informed electorate, representative government in the United States cannot exist. For this reason it is absolutely essential that
U.S. constitutional law begins to address the question of actually protecting the people's fundamental RIGHT TO KNOW. If this does not happen, our very form of government will be destroyed.
The following quotations from various Supreme Court decisions provide some insight into the question of the American People's right to know and their right to receive information.
Stanley v. Georgia 394 U.S. 557 (1969)
It is now well established that the Constitution protects the right to receive information and ideas. "This freedom [of speech and press] . . . necessarily protects the right to receive . . . ." Martin v. City of Struthers, 319 U.S. 141, 143 (1943); see Griswold v. Connecticut, 381 U.S. 479, 482 (1965); Lamont v. Postmaster General, 381 U.S. 301, 307 -308 (1965) (BRENNAN, J., concurring); cf. Pierce v. Society of Sisters, 268 U.S. 510 (1925).
This right to receive information and ideas, regardless of their social worth, see Winters v. New York, 333 U.S. 507, 510 (1948), is fundamental to our free society. Moreover, in the context of this case - a prosecution for mere possession of printed or filmed matter in the privacy of a person's own home - that right takes on an added dimension. For also fundamental is the right to be free, except in very limited circumstances, from unwanted governmental intrusions into one's privacy. [Stanley v. Georgia 394 U.S. 557 (1969) page 564 Justice Marshall - emphasis added]
Martin v. City of Struthers, 319 U.S. 141, 143 Justice Black (1943)
The right of freedom of speech and press has broad scope. The authors of the First Amendment knew that novel and unconventional ideas might disturb the complacent, but they chose to encourage a freedom which they believed essential if vigorous enlightenment was ever to triumph over slothful ignorance.
This freedom embraces the right to distribute literature, Lovell v. Griffin, 303 U.S. 444, 452 , 58 S.Ct. 666, 669, and necessarily protects the right to receive it. The privilege may not be withdrawn even if it creates the minor nuisance for a community of cleaning litter from its streets. Schneider v. State, 308 U.S. 147, 162 , 60 S.Ct. 146, 151. Yet the peace, good order, and comfort of the community may imperatively require regulation of the time, place and manner of distribution. Cantwell v. Connecticut, 310 U.S. 296, 304 , 60 S. Ct. 900, 903, 128 A.L.R. 1352. No one supposes, for example, that a city need permit a man with a communicable disease to distribute leaflets on the street or to homes, or that the First Amendment prohibits a state from preventing the distribution of leaflets in a church against the will of the church authorities.
Griswold v. Connecticut, 381 U.S. 479, pages 482-483 (1965)
The association of people is not mentioned in the Constitution nor in the Bill of Rights. The right to educate a child in a school of the parents' choice - whether public or private or parochial - is also not mentioned. Nor is the right to study any particular subject or any foreign language. Yet the First Amendment has been construed to include certain of those rights. By Pierce v. Society of Sisters, supra, the right to educate one's children as one chooses is made applicable to the States by the force of the First and Fourteenth Amendments. By Meyer v. Nebraska, supra, the same dignity is given the right to study the German language in a private school. In other words, the State may not, consistently with the spirit of the First Amendment, contract the spectrum of available knowledge.
The right of freedom of speech and press includes not only the right to utter or to print, but the right to distribute, the right to receive, the right to read (Martin v. Struthers, 319 U.S. 141, 143 ) and freedom of inquiry, freedom of thought, and freedom to teach (see Wieman v. Updegraff, 344 U.S. 183, 195 ) - indeed the freedom of the entire university community. Sweezy v. New Hampshire, 354 U.S. 234, 249 -250, 261-263; Barenblatt v. United States, 360 U.S. 109, 112 ; Baggett v. Bullitt, 377 U.S. 360, 369 . Without those peripheral rights the specific rights would be less secure. And so we reaffirm the principle of the Pierce and the Meyer cases.
Kleindienst v. Mandel 408 US 753
In a variety of contexts this Court has referred to a First Amendment right to "receive information and ideas":
"It is now well established that the Constitution protects the right to receive information and ideas. `This freedom [of speech and press] . . . necessarily protects the right to receive . . . .' Martin v. City of Struthers, 319 U.S. 141, 143 (1943) . . . ." Stanley v. Georgia, 394 U.S. 557, 564 (1969).
This was one basis for the decision in Thomas v. Collins, 323 U.S. 516 (1945). The Court there held that a labor organizer's right to speak and the rights of workers "to hear what he had to say," id., at 534, were both abridged by a state law requiring organizers to register before soliciting union membership. In a very different situation, MR. JUSTICE WHITE, speaking for a unanimous Court upholding the FCC's "fairness doctrine" in Red Lion Broadcasting Co. v. FCC, 395 U.S. 367, 386 -390 (1969), said
"It is the purpose of the First Amendment to preserve an uninhibited marketplace of ideas in which truth will ultimately prevail . . . . It is the right of the public to receive suitable access to social, political, esthetic, moral, and other ideas and experiences which is crucial here. That right may not constitutionally be abridged either by Congress or by the FCC." Id., at 390.
And in Lamont v. Postmaster General, 381 U.S. 301 (1965), the Court held that a statute permitting the Government to hold "communist political propaganda" arriving in the mails from abroad unless the addressee affirmatively requested in writing that it be delivered to him placed an unjustifiable burden on the
addressee's First Amendment right. This Court has recognized that this right is "nowhere more vital" than in our schools and universities. Shelton v. Tucker, 364 U.S. 479, 487 (1960); Sweezy v. New Hampshire, 354 U.S. 234, 250 (1957) (plurality opinion); Keyishian v. Board of Regents, 385 U.S. 589, 603 (1967). See Epperson v. Arkansas, 393 U.S. 97 (1968). [408 U.S. 753, pages 762 to 764]In the present case, the District Court majority held:
"The concern of the First Amendment is not with a non-resident alien's individual and personal interest in entering and being heard, but with the
rights of the citizens of the country to have the alien enter and to hear him
explain and seek to defend his views; that, as Garrison [v. Louisiana, 379
U.S. 64 (1964)] and Red Lion observe, is of the essence of self-government." 325 F. Supp., at 631. [381 U.S. 301 (1965)]
"
The concern of the First Amendment is not with a non-resident alien's individual and personal interest in entering and being heard, but with the rights of the citizens of the country to have the alien enter and to hear him explain and seek to defend his views . . . ."