FREEDOM OF THE PRESS

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FREEDOM OF THE PRESS
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Schenck v. United States

• Man was distributing leaflets encouraging men to
  resist the draft in WWI, he was arrested.
• Found constitutional
• Due to Espionage Act, which made it a crime to
  encourage disloyalty to the GOV

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CLEAR AND PRESENT DANGER

• Government should be allowed to restrain speech
  only when it presents a clear threat to public
  order
• Such as shouting fire in a theater
• Causing riots

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THE PREFERRED-POSITION DOCTRINE

• Speech is essential to democracy
• Therefore it holds more importance than any law
• All limits on speech shall be considered
  unconstitutional unless the government can
  absolutely prove the law is necessary.

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Near v. Minnesota

• A newspaper in Minnesota published charges of
  local corruption, calling leaders and officials
  gangsters and other names. The state closed down
  the paper.
• Found unconstitutional
• Due to prior restraint

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Prior restraint

• Censorship
• Government has no right to restrain speech before
  it is expressed.

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New York Times v. United States

• New York Times was about to publish the Pentagon
  papers, which told the secret history of the U.S.
  GOV involvement in the Vietnam War. GOV wanted a
  court order to stop printing, claiming it
  threatened national security
• Found constitutional, rejected plea to ban
  publication.

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Hazelwood School District v. Kulmeier

• School administrators censored school newspapers
  and students sued on the basis of free speech
• Found constitutional
• Part of curriculum, not public forum

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Hayes

• Reporter promised not to reveal his sources.
• Court ordered Branzburg to reveal. He didnt and
  went to jail.
• Constitutional

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Gannet Company v. Pasquale

• Court excluded all public and press from a trial
  to give the defendant a fair trial.
• Found Constitutional

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NOT PROTECTED!
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Libel

• Published Report of falsehoods intended to injure
  someones reputation.
• Example Tiger Woods ex-wife, suing a Irish
  newspaper for saying she posed nude.