The Legal Balance between Freedom of the Press and National Security in the United States

Abstract

In the United States, the conflict between press freedom and national security can be attributed to the dispute over the press’s claimed right and the government’s claimed right. To be more specific, the press claims that it has the right to publish classified national security information freely and preserve the confidentiality of news sources. In response to claims which makes by the press, the government argues that it has the right to censor publication in advance and compel journalists to identify news sources who leak classified information. Based on the importance of freedom of the press and national security, the U.S. courts usually uses legal balance to deal with the above-mentioned conflict. According to the results, the United States emphasizes the importance of freedom of press in the legal balance between press freedom and national security, and regards the guarantee and maintenance of national security as an exception. This practice is worth of other countries’ vigilance, because national security is a basic prerequisite for national survival and development. Only when the national security interests are guaranteed can a country realize the freedom of the press in a real sense.