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According to the Press Freedom Index, the US is ranked at a meager 45th position in the global ranking of countries. In comparison, New Zealand is currently at the 8th spot despite having an official "Chief Censor" position and routinely banning the circulation of documents the government dislikes, such as the Cristchurch shooter's manifesto. In the US such censorship would be impossible as the country's First Amendment provides the strongest protections for freedom of the speech in the entire world.

So why isn't the US routinely ranked as #1 in freedom of press ratings? Are there topics which cannot be discussed in US media under the threat of censorship or persecution?

JonathanReez
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    There's no doubt that the freedom of speech protections under the First Amendment are strong. But in what basis do we conclude that they are the strongest worldwide? – Obie 2.0 Mar 29 '19 at 08:10
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    Could be disinformation, if the U.S. has the best free speech, other nations who then by necessity, want to limit speech, would probably publish things like this. At the very least it pushes to change a winning solution, there by removing it. Alternatively while we have very good free speech, social groups and parties do prevent expression. How many Americans would want to make their plite for increased help from welfare right now? In front of their coworkers. But this transcends the government and is an attribute of human social behavior. – marshal craft Mar 30 '19 at 03:56
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    Additionally I routinely meet Americans who say such things as "you wouldn't say that in person" there by demonstrating their wish to forcibly silence others. So in my opinion amongst the people, there are real challenges to free speech that I don't think can be solved by government. Basically if Americans choose to silence people, they can vote on it and then do so. So the safety of free speech rests actually in American social beliefs. Also I think those surveys are complete nonsense in my opinion. But I would say free speech in u.s. While good is fragile and subject to propaganda. – marshal craft Mar 30 '19 at 04:01
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    So, theoretically, if another country would also have the "same" first ammandment in their constitution (yes, other countries do have constitutions as well. Yes, other countries also protect the freedom of the press), who should then be ranked 1? And on the ammandment: sometimes an idealistic law and bitter reality diverge – Mayou36 Mar 30 '19 at 12:36
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    @Mayou36 no other countries have such a constitutional clause. Pretty much all other countries ban certain books, texts and publications because the government dislikes them. – JonathanReez Mar 30 '19 at 15:16
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    This just reflects the anti-American bias of the authors of the index. – President James K. Polk Mar 30 '19 at 15:44
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    @JonathanReez: I looked in a few constitutions of countries, and could easily find clauses saying that those countries had freedom of speech. So my sample was not representative, I did not understand your claim correctly, or your claim is false. –  Mar 30 '19 at 17:33
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    @JonathanReez "the gouverment'? Not in every country "the gouverment" has it's own interests. somethimes, "the gouverment" is the people and they may ban some books (e.g. certain extremistic, rassistic books), not because they dislike them but because the majority of the people think that these books do no good in general. Don't confuse freedom btw with "the right to always do": every freedom stops where it affects other freedoms. E.g. you're born free, if you kill other people (and thereby affect their freedom) is therefore a reason for prison, although this affects "your freedom". – Mayou36 Mar 30 '19 at 18:16
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    @Mayou36 no book should be banned in a truly free society, no matter how racist or extremist. That's the price of freedom. – JonathanReez Mar 30 '19 at 18:41
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    @JonathanReez that may be true, let's assume it. And now the question: why do you correlate "there is the first ammandement which says that..." with "it is like that"? It is not. There were also books banned in the US. I don't say this is bad per se. I say that the freedom in the US, as is many other countries, is great but not perfect. You imply this perfection in your question (by stating "just because there is the article, it follows that" -> nope, it does not have to). – Mayou36 Mar 30 '19 at 19:37
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    I always find it odd that the US prides itself on free speech but beeps out even mild swearwords on the radio and TV. Isn't that a form of censorship as well? – Sumyrda - remember Monica Mar 30 '19 at 22:07
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    @Sumyrda it's only done on publicly aired television. HBO will show just about anything. – JonathanReez Mar 31 '19 at 00:03
  • @Mayou36 obviously it's how the law is interpreted in practice, not the letter of it – JonathanReez Mar 31 '19 at 00:24
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    @JamesKPolk Jumping to the conclusion that anyone claiming your country is not perfect must be biased is not helpful. In fact, the mantra with which you've been brought up (that the US is (a) the "free-est" country in the world, and (b) the best country in the world, and (c) the two necessarily correlate) is propaganda/cultism that you'd do well to try to shake; it's you who's biased! – Lightness Races in Orbit Mar 31 '19 at 01:18
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    @JonathanReez Thats. The. Point. That's how the law is interpreted in the US. The ranking is not about "who can write the best sentence in the constitution" but how is it really. So whoever has, in full real, not just on paper, the best freedom of speech, is ranked higher. On the radio censorship: probably it's for the live only. But it still fulfills the definition of the censorship: blocking something from being sent. Or what is that if not censorship? It's like saying: ok, the newspaper is censored, but only in the printed format, not online. – Mayou36 Mar 31 '19 at 07:59
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    @JamesKPolk let's say there are two people. One states, his country (one out of hundreds) is the best in the world. Because the country itself says it's the best (the ammandement). The other doubts that and says that it is pretty good (rank 45) but not the best. Who do you think has some kind of bias? – Mayou36 Mar 31 '19 at 08:05
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    "Are there topics which cannot be discussed in US media under the threat of censorship or persecution?" The recent Espionage Act cases targeting legitimate journalistic critiques are the latest in a long string of attacks against the first amendment perpetrated directly by, or with significant involvement from the government. – don bright Apr 01 '19 at 06:05

11 Answers11

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You need to keep in mind that the press freedom ratings is not a measure of freedom of speech, but freedom of the press, and the US is still ranked as "fairly good".

Specifically, the index describes itself:

What does it measure?

The Index ranks 180 countries and regions according to the level of freedom available to journalists. It is a snapshot of the media freedom situation based on an evaluation of pluralism, independence of the media, quality of legislative framework and safety of journalists in each country and region. It does not rank public policies even if governments obviously have a major impact on their country’s ranking.

They also provide more detail about their methodology and the questionnaire used to create the index is available online.

I was unable to find a full report, but in a short analysis, the index specifically mentions Trumps hostility to the media.

They go into a bit more depth about this in a press release for the 2017 data:

In 2017, the 45th President of the United States helped sink the country to 45th place by labeling the press an “enemy of the American people” in a series of verbal attacks toward journalists, attempts to block White House access to multiple media outlets, routine use of the term “fake news” in retaliation for critical reporting, and calling for media outlets’ broadcasting licenses to be revoked. President Trump has routinely singled out news outlets and individual journalists for their coverage of him, and retweeted several violent memes targeting CNN.

The violent anti-press rhetoric from the White House has been coupled with an increase in the number of press freedom violations at the local level as journalists run the risk of arrest for covering protests or simply attempting to ask public officials questions. Reporters have even been subject to physical assault while on the job.

However, the Trump effect has only served to amplify the disappointing press freedom climate that predated his presidency. Whistleblowers face prosecution under the Espionage Act if they leak information of public interest to the press, while there is still no federal “shield law” guaranteeing reporters’ right to protect their sources. Journalists and their devices continue to be searched at the US border, while some foreign journalists are still denied entry into the US after covering sensitive topics like Colombia’s FARC or Kurdistan.

tim
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    I still think it's silly they ranked US on par with South Korea (#43) given the level of censorship in the latter. Interestingly they rank Japan even worse (#67) – the gods from engineering Mar 29 '19 at 07:45
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    Apparently the year-to-year changes in rankings are used to "send a message" based on very recent and often obscure issues. https://www.japantimes.co.jp/news/2018/04/25/national/japans-press-freedom-ranking-rises-2018-due-part-deteriorating-conditions-elsewhere – the gods from engineering Mar 29 '19 at 07:53
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    Ugh, I feel this information should be in your answer, but it's going to sound like a "Yeah, but what about Obama" post and I don't mean that. Their methodology focuses a fair bit on their feelings towards Trump, but it's worth mentioning that while we have the freedom of information act, how much an administration complies with that is extremely variable. The AP did a report that Obama spent a record 36 million blocking (or trying) requests, which would (should?) account for a lower score as well. www.pbs.org/newshour/nation/obama-administration-sets-new-record-withholding-foia-requests – AHamilton Mar 29 '19 at 08:41
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    @AHamilton Their explanation focuses on Trumps incitement against the media, the resulting physical assaults, etc (in addition to pointing out that "the disappointing press freedom climate [...] predated his presidency"). But their methodology doesn't (it's based on a questionnaire that doesn't mention Trump but is about "pluralism, media independence, media environment and self-censorship, legislative framework, transparency, and the quality of the infrastructure", complimented with data of abuse of journalists). – tim Mar 29 '19 at 08:49
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    The actual questionnaire is located here: https://rsf.org/en/detailed-methodology
    It is sent only to journalists operating in that country and the questions contain a significant number of subjective questions rated on a scale of 1 to 10. I wasn't suggesting they were just making up the score, but they took an extremely difficult analytic task and did it horribly, by almost any measure. The question of how the US could be so low has been fully answered though, so having an additional answer to that effect isn't particularly helpful.
    – AHamilton Mar 29 '19 at 09:50
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    The discussion about the credibility of various US news networks was deleted because it escalated into personal insults. Please watch your language and remember our code of conduct. – Philipp Mar 29 '19 at 23:40
  • given the focus on trump in the linked quotes it would be nice to include what the rating was in the Obama era. That would give a sense of rather the issue was purely Trump, as the quotes imply, or if trump was just a comparatively minor additional issue to an already low(ish) rating. – dsollen Oct 30 '20 at 15:39
  • @AHamilton Blocking requests or refusing to answer, while not particularly great, are not actually an impingement on freedom of the press - they were still perfectly allowed to write articles about how the administration was refusing to reveal important information. There's a significant difference between that and actively restraining the press and treating them hostilely with harassment and/or violence. – Shadur-don't-feed-the-AI Jun 22 '21 at 09:29
  • @Fizz used to "send a message". Ugh... hey, everybody, let's completely ruin people's trust in global rankings by skewing ranking to "send a message" that will be ignored by one and all! – RonJohn Jun 22 '21 at 19:19
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tim's answer already covers the Press Freedom Index methodology.

I'd like to add that for the United States the significant component of the result is the abuses score of 37.40.

This is a fairly large number: the second highest among the top 50, after Denmark (which has a score of 45, apparently, due to the murder of Kim Wall in 2017).

US Press Freedom Tracker lists 122 cases of abuse in 2018 including:

  • 42 physical attacks;
  • 26 subpoenas/legal orders;
  • 11 arrests;
  • 4 border stops;
  • 8 chilling statements (6 of them from Trump).

As far as I can tell from the methodology, the last category is not included in the abuses score:

the formula for the calculation of final score

which translates to:

scoreExamination = 10 * log(90*number of deaths + Coefficienti*number of imprisonmentsi + 10*number of kidnappings + 5*number of material seizures + 3*number of exiled + number arrests + number assaults)

If the US had the lower abuses score its overall score would have been 20.32 (28th place, just behind Slovakia).

As the abuses score isn't weighted to population, it isn't surprising that the US scores worse than New Zealand:

  • The US is 60 times larger than New Zealand in terms of population.
  • The US is, by and large, a more violent country.
  • The US has a huge news media industry. Wikipedia lists 15 nationwide networks for the US and 1 for New Zealand. I'm pretty sure that the difference is even larger on the local level.

Even on a logarithmic scale, the US is expected to have a higher score.

The rest of the score is based on the questionnaire and the factor of scale doesn't have such an impact on it.

JJJ
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default locale
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    So... the United States has a high score because the score doesn't include population (and presumably because the reporting rate for incidents is high)? – chrylis -cautiouslyoptimistic- Mar 29 '19 at 08:31
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    @chrylis Yes, the abuses score isn't weighted to population, I'm in the process of editing my answer. – default locale Mar 29 '19 at 08:33
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    Wow, that's incredibly important. No wonder a tiny country like New Zealand is so high up. – Obie 2.0 Mar 29 '19 at 08:38
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    @Obie2.0 It's important, but it's not that important. The rest of the score comes from the questionnaire and doesn't depend on the population. The abuses score is logarithmic which alleviates its impact – default locale Mar 29 '19 at 08:42
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    What are these "multiple high-profile journalists murders" in Denmark? – Kruga Mar 29 '19 at 09:28
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    If you go look at the actual data, "violence against journalists" is everything. Only looking at a small sample, one of the incidents reported was a reporter and his camera crew being robbed at gunpoint and their security guard shot. https://pressfreedomtracker.us/all-incidents/cbs-san-francisco-news-crew-robbed-gunpoint-its-security-guard-shot/ While that's obviously not ok by any stretch, a fairly strong case could be made for both that that doesn't have anything to do with how safe being a journalist is, and also that larger populations are much more adversely affected by their methods. – AHamilton Mar 29 '19 at 09:37
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    @Kruga Kim Wall is one example, I'm not sure if there're others. Frankly, I don't really understand how the score was calculated for Denmark. – default locale Mar 29 '19 at 09:39
  • @defaultlocale That's also the only one I know about. But that's not multiple. – Kruga Mar 29 '19 at 09:46
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    @Kruga Makes sense, I've edited this part. – default locale Mar 29 '19 at 09:50
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    That Wikipedia page on intentional homicide rate per country seems highly suspect. There are incomplete sections of the page, and many countries are listed as having 0 homicides. I don't remember numbers from other similar reports I've seen, but I do remember some relative ordering, and that page has them out of order with my (admittedly not perfect) memory, such as England and some other nations having lower homicide rate than the United States which I seem to recall was not the case. Even if I'm wrong on that last part, the incompleteness and many zeros still seems highly unreliable. – Aaron Mar 29 '19 at 16:47
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    In addition to @AHamilton's point, I'd like to add that the incidents listed do not necessarily reflect the government's action against the press (Freedom of the Press is a block on government actions against the press. Certainly the government does not advocate the citizen's mugging journalists in the field.).

    For the for those curious to do so, a quick population accounting would be to divide the score by the nations population (Score/pop) and then multiply by a per capita figure (Usually 100,000 people, though as long as the number is consistent for all countries, it doesn't matter.).

    – hszmv Mar 29 '19 at 17:01
  • @Aaron I was able to find exactly 10 countries with a zero. Now, I don't really find it surprising that the likes of Monaco and Isle of Man have 0 intentional homicides in a year, but maybe I'm wrong and the data is indeed wrong. Most of the data is coming from the UN and, at least for the US and New Zealand numbers look realistic for the purposes of my answer. – default locale Mar 29 '19 at 17:14
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    @Aaron: The United States absolutely has a higher homicide rate than the UK. That's kind of its schtick among major first world countries: Way more guns, way more homicides. Methodologies vary, but the ratio remains the same. My source has the non-firearms murder rate in the UK slightly higher (11.444/M in UK, 9.44/M U.S.), but the 32.57/M firearm murder rate in the U.S. (vs. 0.236/M in the UK) more than makes up for it; both there and Wikipedia agree the US rate per capita is ~4x the UK's. – ShadowRanger Mar 29 '19 at 19:31
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    And "our schtick" with other countries is that the statistics are often twisted to make it look like guns are bad. Of course there will be more gun-related homicides in a place with more guns. But I remember seeing data that many European countries have higher rates of knife murders than the US has, and the same went for other non-gun weapons. Also, most murders are not performed with guns. So "way more guns" has nothing to do with it. However, the data that I saw for "US knife murders < UK knife murders", for example, might be what I was thinking of, which is not the same as "all homicides" – Aaron Mar 29 '19 at 20:05
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    @Aaron: The link above has a number of non-gun-homicide statistics. The US is significantly higher in all of them. The "knife murders" in particular was apparently a false claim by Trump. – BlueRaja - Danny Pflughoeft Mar 29 '19 at 20:29
  • it's not the abuse score, (and the difference for a size factor of 60 is only 17.7 points on the decibel that they use) even ignoring the abuse score entirely. NZ still wins – Jasen Mar 30 '19 at 02:59
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    Your translation appears to be missing nbreMédiassaccagés, and puts its coefficient of 5 onto "number of exiled" which should have a 3. A minor point, but I'd love to have the right translation... it seems to be something like "media lootings"? Perhaps seizures of devices and materials from journalists? – Tim Pederick Mar 30 '19 at 04:11
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    @ANeves Thank you very much for the translation. Can you please clarify what does nbreMédiassaccagés mean? – default locale Mar 30 '19 at 07:02
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    The failure to weight by country population reminds me of the US being described as the fifth deadliest country for journalists based on absolute numbers. – Golden Cuy Mar 30 '19 at 10:28
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    @defaultlocale I skipped a translation accidentally, like Tim Pederick said. I'm not sure how to translate it better than Tim did: "Nombre Médias Saccagés", number of media-people whose material was taken, seized. – ANeves Mar 30 '19 at 15:15
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    @ANeves Looks good. Again, thanks to both you and JJJ for your effort. – default locale Mar 30 '19 at 16:04
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    People keep mentioning that the the abuse score should scale with population but I think zero is the only acceptable number, especially when it comes to arrests, killings and exiles, and zero has the property of not scaling with total population at all. – Jan Mar 30 '19 at 16:38
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    @Aaron "Also, most murders are not performed with guns." That is incorrect. In the United States, the vast majority of homicides are committed with guns. About 11 out of 14 murders are committed with guns, excluding the fact that some of the data in the "not stated" categories might also include guns, which would increase the number even further. https://www.statista.com/statistics/195325/murder-victims-in-the-us-by-weapon-used/ – John Apr 02 '19 at 00:23
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    It's a bit stupid that Kim Wall should increase Denmark's score. While she was there because she was a journalist, she wasn't murdered because of it. – pipe Apr 02 '19 at 11:28
  • @ANevesthinksSEisevil Are you sure "seized" is the right word to use ? "Saccager" means destroying, devastating. When speaking about a place it means wrecking, ravaging it. Historically it meant ransacking (looting), but the definition shifted over time.

    In the context of this answer I don't know how to translate it. But it definitely refers to the number of media intimidation via wrecking of their offices or destruction of their material, wether done by government agents or simple citizens.

    – Menkid Oct 30 '20 at 01:11
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    This is a good source answer. But to give an appropriate scale I think, since you already have the formula's available, it would be interesting if you re-did the math for USA and one or two other higher ranked countries (like new zealand) using an alternate abuse score that adjusts for population size. That would better show how much of a difference population size is/isn't in the overall ranking. – dsollen Oct 30 '20 at 15:52
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The Wikipedia page of self-censorship just tell part of the story, there are other "invisible hand" such as corporate censorship.

Media may reject story or even advertisement that "offend" their main advertisement buyers. A good example is consumer goods price hikes by the change of packaging, US media usually dare not to report it, or using the free market as excuses to not to expose them.

On the other hand, financially self-sustainable consumer group and media in industrialised Europe country are usually more freely to criticized the corporate practice than USA counterpart.

mootmoot
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While I agree the issues listed by RSF are serious, I would not put too much stock in relative ranking large swaths of such indexes because they can be sensitive from year to year changes on fairly obscure issues.

Compare the ranking on RSF's Freedom Index vs FH's Freedom of the Press

United States  #45 #33
France         #33 #44
South Korea    #43 #66
Japan          #67 #48

How the various issues are weighted in such indexes can have a big impact on relative ranking of countries. Now if some index ranks China (#176 #186) ahead of the US, I'd start to get really worried.

the gods from engineering
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There are multiple issues going on.

The big one is, that you can have rights, but how they are implemented and enforced in practice - the unspoken aspects of it - really are crucial in determining what your real situation is, and your safety or potential risks in exercising those rights.

For example - in some countries you have free speech and freedom - except that you may lose your job, or be taken by secret police if you actually try to use those rights. In others, there are strong incentives that steer companies controlling the media or publication, so that rights are again, hard to really exercise.

It's not a free press if exercising that freedom in good faith risks you getting pejorative treatment, any more than it is encouraging whistleblowing, to have a whistleblowers charter in a company but realistically your career dead-ends anyway and the matter gets hushed up and you described as a problematic troublemaker. In many cases you can fight back legally if treated wrongly, but in others you can't (or its difficult to: money, standing, whatever), and for real press freedom you shouldn't have to.

So when you look at how a country is rated for freedom of the press, you have to nearly ignore the rights people * should * have according to their country's laws and constitutions, because those will almost always say it's fine and great. You have to go by what actually happens on the ground, not what's claimed to be the case or should be the case.

So you look at things more in this kind of way: When journalists come across a story that's negative or harmful to some powerful interest (person, police, govt body, politician), or could be seen as threatening them by suggesting they aren't okay in some way (they treat workers badly, they committed genocide, they're institutionally racist, they broke their own laws or committed illegal acts). Or they've reported on a foreign matter in which their govt has some involvement, or talked down their own or another country/states. How does the country actually treat them?

Will it block them at the borders? Arrest them (many places)? Charge them with defaming the nation? Revoke their right to attend press conferences? Harass them? Pressure the employer to fire or discipline them, or dissociate itself from their reports (subtly or not so subtly), or begin an "investigation" into "irregularities" at the employer such as tax related? Consider them legitimate targets for surveillance/tapping? Or what? What about foreign journalists?

Unfortunately in that light, many countries that you'd think do well, actually don't. Because its in those kinds of cases, that press freedom is really tested and able to be seen (or not) for what it really is.

  • Update: The saying that "It's the exception that proves the rule" is very relevant here. The word "proves" in this saying has its olden-day meaning of "tests" (as in the expression "put to the proof") - it is the exceptions and edge cases that really test and demonstrate how "real" a rule or belief is, not the regular ordinary cases which anyone can point to and say "see? it's fine".
Stilez
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Disclaimer: I'm not a lawyer and not an U.S. citizen.

The formal "Freedom of Speech" in the U.S. means that the government (lawmaking, executive etc.) must not restrict the speech of its citizens in any form or fashion. I.e., it is a restriction of the government. It does not necessarily mean that everybody can say or write anything at all without any kind of repercussions.

E.g., APPLYING THE CONSTITUTION TO PRIVATE ACTORS (NEW YORK LAW JOURNAL):

With the notable exception of the Thirteenth Amendment’s ban on slavery, the individual liberties guaranteed by the United States Constitution protect against actions by government officials but not against actions by private persons or entities.

You can find plenty of further reading in the collection of sources linked from here.

This means that any other involved party (except the government) are not covered under the "Freedom of Speech" moniker. Or, in concrete terms; everybody is free to go to the courts to try to shut down their neighbour (which according to the comments may be hard in practice); and of course resort to non-constructive or even shady/illegal activites as laid down in other answers.

It is absolutely not the case that anybody can just say anything at any point in time without consequences.

Examples where Freedom of Speech will not help you:

  • If your boss does not like how you talk to him (or what you write), he can fire you in concordance with whatever regulation your state has, i.e. "Right to Work", or remove you from your current position and "park" you somewhere else in his company.
  • If you spread harmful lies about people, they are free to go to court to make you stop. And of course they can try to do the same even if what you wrote is true. Or try to cow you with a large lawyer budget.
  • While you seemingly are allowed to openly insult police officers - they are associated with the government after all and thus under the Freedom of Speech limitations regarding retalation against you - you certainly cannot do that to just anybody without repercussions.
  • Going to a meeting of (non-government) people of the other side of the political spectrum and starting a ruckus may absolutely get you into trouble (depending on how beligerent everybody is - not with the "government" but with the guys actually there); and Freedom of Speech does not protect you (other laws may of course, i.e. if they beat you up while throwing you out of the building).

There may be other laws making the work of the press easier, but Freedom of Speech is not necessarily one of them. The index linked in the question mentions a few other (non-governmental) forms of suppression.

In the end, there are many ways to repress or discourage a member of the press without conflicting with Freedom of Speech.

AnoE
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    I think you've misunderstood how it works. The government doesn't have to be either the target of the speech or a party thereof. They can't restrict what people say regardless. Example: the government can't pass a law saying that no one can insult Wal-Mart. Also, slander and libel lawsuits are extremely difficult to win, especially against individuals. Finally, in some jurisdictions there are protections against being fired without cause. – Obie 2.0 Mar 29 '19 at 09:51
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    Further, how does this address the press freedom index issue? Only the last part seems to mention it and it's not very clear to me how it all ties in. – Obie 2.0 Mar 29 '19 at 09:53
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    Thanks for the comments, @Obie. I'll try to make my train of thought more clear later (basically I want to say "Freedom of Speech does not mean that everybody can say anything all the time" ;) ). – AnoE Mar 29 '19 at 14:18
  • @Obie, please check my revisions. Does that make more sense now, or is the answer too "all over the place", still? – AnoE Mar 29 '19 at 16:20
  • Some quick corrections to your examples:
    • Depends on the states. States that are "Right to Work" allow the boss to fire you for any reason, whether you are bad at your job or he doesn't like your face. States that don't have this do have protections in place and the boss can be sued.

    • Depends on how famous you are before the lies are spread. There's a current case making it's way through the courts will probably define the line better.

    – hszmv Mar 29 '19 at 17:14
    • In so far as they don't meet legal harassment or impeding their duties. Officers can also arrest you if you fail to comply with lawful orders. It also doesn't stop cops from employing use of their morbid sense of humor, nor does it mean that the cops will be nice about further dealings with you.
  • *Actually, almost every public protest has a component counter-protest in the United States, and they frequently get close enough that insults ruckuses are started. As long as they do not devolve into lawless actions, it's perfectly legal. +

    – hszmv Mar 29 '19 at 17:21
  • Though private events have a little close. Typically security are allowed to remove you against your will and are trained in lawful ways to deal with the problem and of course, if you're injured because you were being difficult it's not legally their fault. This also has to be highly disruptive... you're free to listen to a lecture and disagree and voice your disagreement during appropriate question periods.
  • – hszmv Mar 29 '19 at 17:27
  • OP seems to be under the impression of that amendment giving US citizens carte blanche to say anything, which couldn't be further from the truth. All it does is prevent Congress from passing laws as such. But if you have things like executive orders it all goes out the window; USA: minus one. – Mazura Mar 30 '19 at 02:02
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    @Mazura: You are incorrect. The first amendment covers all branches of government including the executive branch. Executive orders are reviewable by the courts and must not violate the constitution. – President James K. Polk Mar 30 '19 at 21:26
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    @Mazura - That is certainly not true. The amendment applied to the entire federal government from the outset, nominally. The incorporation doctrine further extended it to state and local governments. It's definitely not "just Congress." A brief survey of major free speech cases is enough to show that. E.g. National Socialist Party of America v. Village of Skokie (neo-Nazis couldn't be prohibited from marching by city) or Hazelwood School District et al. v. Kuhlmeier et al. (public school could restrict student newspaper, but needed pedagogical justification). – Obie 2.0 Mar 31 '19 at 01:02