Communications

The ability to use complex language distinguishes humans from other animals, making communication the glue of human culture, religion, and social and political organization. In a democracy, communication plays an especially important role. Through the free exchange of ideas, unhampered by government censorship or control, an informed electorate can make the decisions required under the Constitution. In 1787 the framers of the Constitution addressed communications only once—in Article I, section 8, when they gave Congress the power “To establish Post Offices and post Roads.” Several years later the First Amendment (1791) took up the important communications methods of the times, stating, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

Today the constitutions of many nations specifically address freedom and privacy of communications. Two of Sweden's four constitutional documents concern communications: the Freedom of Expression Act (1992) and the Freedom of the Press Act, as amended in 1992, which provides that every Swedish citizen is free to “publish his thoughts and opinions in print … and to make statements and communicate information on any subject whatsoever.” Romania's constitution (1991) [Page p89]states in article 28: “Secrecy of letters, telegrams and other postal communications, of telephone conversations and of any other legal means of communication is inviolable.”

Traditional forms of communication in the United States, such as religion, speech, the press, and assembly and association, are constitutionally guaranteed. The Supreme Court has held in several cases, including Martin v. City of Struthers (1943) and Capitol Square Review and Advisory Board v. Pinette (1995), that the First Amendment gives broad protection to communication of religious beliefs against government censorship. Similarly, speech in a secular context is protected, especially where it can be defined as political speech—the sine qua non of a democracy. Freedom of the press and freedom of assembly and association also involve traditional ways of communicating politically in a free, open, and democratic society and therefore generally receive broad protection under the Constitution.

However, the invention of radio and television, the telephone, and the Internet has raised new questions regarding the constitutionality of government interference in or regulation of communications.

Broadcasting