NYLJ.COM | WEDNESDAY, MAY 1, 2019 | 7 Free Speech, Free Press, Free Society Independent Judiciary And Independent Press Are Crucial To Free Society Janet DiFiore Chief Judge State of New York “If freedom of speech is taken decisions. Lawyers, however, face away, then dumb and silent we no such restriction. Indeed, as the may be led, like sheep to the rule of law’s ultimate defenders, law- slaughter.” yers have a special responsibility to —George Washington speak out in defense of judicial inde- LOOMBERG /B pendence and push back resolutely his year’s Law Day theme— against those who seek to politicize OODNEY Free Speech, Free Press, Free the judiciary and foment disrespect G T Society—challenges us to consider for judges. We cannot allow the judi- RIS CH the relationship between the First ciary to become a casualty of par- Amendment and the rule of law. In tisan politics and the culture wars. only 45 words, the First Amendment Similarly, attacks on the media PHOTO ESSAY of the United States Constitution branding it the enemy of the people protects freedom of speech, press, destabilize our republican form of religion, assembly and petition. government. Just as an impartial and These cherished, uniquely American independent judiciary capable of Impact of rights are at the heart of our demo- protecting our fundamental rights cratic tradition and underscore our Free Speech in commitment to an open culture that values human expression and con- A Digital Age science. Freedom of speech and press are Americans Oppose Excerpts from the ABA’s the great enablers of democratic Hate Speech Laws ‘Law Day 2019 Planning Guide’ participation, providing the means by which our citizenry can debate But Say Hate Speech the issues of the day, evaluate the Is Morally Unacceptable. reedom of speech and free- performance of our elected repre- Fdom of the press protect sentatives, cast our votes and help journalists and other people shape the direction of our nation’s 59% Of respondents said from interference by the gov- policies and laws. As the Supreme government should allow hate speech. ernment in the dissemination Court stated: “There is practically of information. But people, universal agreement that a major 40% Believe government should LOOMBERG prevent hate speech. including the press, have a /B purpose of the First Amendment responsibility not to communi- was to protect the free discussion 79% Said hate speech is morally cate false information.[…] awson of governmental affairs.” Landmark unacceptable. D In 1997, during the early Communications v. Virginia, 435 U.S. Believe it is morally 19% IMON years of Internet usage S 829, 838 (1978). acceptable. among the public, the Supreme Furthermore, as George Wash- Court recognized in Reno v. ington suggested, the First Amend- American Civil Liberties Union The Internet, smartphones, and social media have all enabled us to share more information more quickly ment is also an important defense Source: ‘Law Day 2019 Planning that the First Amendment rights than ever before. In the top photo, customers looks at smartphones on display at a Samsung event in against secret government, authori- Guide’ of free speech and free press New York. Above, a demonstrator wears a mask depicting Facebook CEO Mark Zuckerberg, as he stands tarianism and tyranny. Indeed, a free applied to this new communica- with demonstrators wearing angry emoji masks outside the venue of a U.K. parliamentary committee press serves as the watchdog of our tion frontier. The Court’s ruling hearing in London last year. Below, some of the Facebook and Instagram ads linked to a Russian effort democracy, reporting on important supported the ACLU’s position to disrupt the American political process and stir up tensions around divisive social issues, released by events and issues, identifying wrong- and liberties is an indispensable in the case that the Internet is a members of the U.S. House Intelligence committee, are photographed in Washington, D.C. doing and injustice and ensuring pillar of our tripartite system of “freespeech zone.” transparency and accountability government, so too is a free press. Today, important issues, in all areas of our society. As Thomas Jefferson stated in 1786: such as “fake news” and As judges and lawyers who value “Our liberty depends on the freedom cyberbullying, heighten con- the rule of law and understand the of the press, and that cannot be lim- cern over what speech should power and purpose of the First ited without [liberty] being lost.” and should not be protected Amendment, we must be vigilant in It is increasingly urgent for the under the First Amendment. responding to new challenges cre- legal profession, the press and our Most major social media ated by the rise of the Internet and schools and educators to work sites—such as Facebook, social media, and by the powerful together to improve civic knowledge YouTube, Twitter, and Insta- ways in which they are influencing and galvanize public support for an gram—have content and pri- our public discourse. The growing independent and impartial judiciary vacy policies meant to police tendency of people to consume and a free and independent press. A their sites. However, these news and information from media public lacking basic literacy about same policies, many argue, outlets which confirm their existing the roles and functions of the three have led to the suppression of viewpoints is politicizing our debate branches of government and con- activist speech that support on public issues. In this climate, we stitutional imperatives like judicial causes perceived to be unpopu- have seen public attacks on judges independence will be vulnerable to lar. And these standards are by political leaders which have propaganda and find it difficult to generally outside any review gone far beyond disagreement with distinguish between appropriate under the First Amendment the merits of judicial decisions to and inappropriate criticism of our because they are imposed by include personal invective designed courts. Judges are not immune from private companies and not by to intimidate judges and undermine criticism, of course, but the public government. What does it mean K/AP their legitimacy and authority in the needs to understand that there is that private, for-profit compa- public eye. a critical difference between dis- LSWIC nies have so much power to E As members of the only non- agreeing with a decision and say- ON control speech that is critical J political branch of government, ing a judge was wrong on the mer- to a free society? judges generally are ethically pro- its and making personal attacks or hibited from responding to criticism intimidating statements calculated or discussing the merits of their to delegitimize judicial » Page 10 Inside The Vital Relationship Between the Courts and the Press Liberty Begins at Home: New York’s Vital Role In Preserving a Free Press understanding and knowledge concerning court initiatives, pro- in contrast to many other juris- by Rolando T. Acosta .....................8 Lawrence K. Marks of the workings of the courts is grams and events, administrative dictions, New York prohibits the critical to achieving public trust appointments and other official broadcasting of witness testi- Freedom of Information Chief Administrative Judge and confidence in our justice announcements, and maintains mony from trial courtrooms (see Is Integral for a Free Press New York State system, we rely heavily on news the court system’s social media Civil Rights Law §52). Although by Alan Scheinkman .....................8 Unified Court System media to educate the public about accounts. The Office regularly several decades ago New York what we do and how we operate. fields questions about court cases, experimented with audio/visual Our Free Press: Thus, ensuring transparency in the and often assists reporters in gain- coverage, including witness testi- A Historical Perspective operation of the courts requires ing physical access to court pro- mony, of most trial court proceed- by Elizabeth A. Garry ....................8 cooperation between the courts ceedings. It also assists the press ings subject to certain limitations, and the news media. in obtaining access to court files, that legislation lapsed in 1997. Internet Is an Essential he Unified Court System is a end up serving on a jury. A much To further that goal, the court caseload data and other relevant For trial court proceedings that Conduit to Exercising Tlarge and complex government smaller number interact with system’s Public Information Office information about the courts. We do not involve witness testimo- Our Right to Assemble institution that impacts the lives courts as participants in litigation. works on a daily basis to provide fully recognize the vitally impor- ny, still photography and audio/ by Gerald J. Whalen ......................9 of New Yorkers in countless ways. Because there is such limited information about the Unified tant role of the news media, and video coverage are permitted at Despite that, relatively few New opportunity for the great majority Court System to both internal we strive to assist them in gain- the discretion of the judge. The We Must Protect ‘One of the Yorkers have direct involvement of New Yorkers to directly interact and external audiences, espe- ing access to the information they Court of Appeals and the four Greatest Bulwarks of Liberty’ with the courts or the legal pro- with our justice system, much of cially members of the press. The need. Appellate Division Departments by Michael Miller ...........................9 cess on a regular basis. Most who what they learn about the courts Office is responsible for prepar- Of course, the press is welcome are not subject to this prohibition directly interact with the court comes from the media—newspa- ing and distributing to local and and, indeed, have a constitutional because appellate proceedings system are those summoned for pers, television, radio and, increas- statewide media outlets press right to attend and report on court do not involve testimony, and so LAW DAY: Angela Turturro, Sections Editor jury service, few of whom actually ingly, social media.