Case Law: Freedom of the Press

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Case LawFreedom of the Press
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I. The Press and Politics

• Political Significance of Publishing

• Courts View of Its Political Significance

- In Near, New York Times, Hazelwood

• Compare to Court Cases on Free Speech

- e.g., Schenk and Tinker
- Political significance of (free) speech
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II. Prior Restraint (1)

• Definition of Prior Restraint

• Near v. Minnesota (1931)

- Minnesota law and how it was applied
- No action brought for libel
Compare NYT v. Sullivan (p. 381-386)
- Not punishment, but suppression
- Court Prior restraint as censorship
- Exceptions acknowledged by Hughes
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III. Prior Restraint (2)

• New York Times v. U.S. (1971)

- Governments action in district court
- Justification/explanation by government
- Dispute within federal judiciary
Judgment rather than appeal to law
- Diverse opinions across majority, minority
- New York Times v. U.S. as precedent?
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IV. Regulation of Content

• FCC and Communications Act of 1934

- Broadcasting airwaves private or public?
- FCC and licensing of broadcasts
- Constitutional concerns

• The Fairness Doctrine (1934-1987)

- Congress affirms rejection of it (1)

• Red Lion Broadcasting v. FCC (1969)

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