FREEDOM OF THE PRESS

4chan.org/b/Ancient Aliens did this

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

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

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.

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

Prior restraint

• Censorship

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

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.

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

Hayes

• Reporter promised not to reveal his sources.

• Court ordered Branzburg to reveal. He didn’t and went to jail.

• Constitutional

Gannet Company v. Pasquale

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

• Found Constitutional

NOT PROTECTED!

Libel

• Published Report of falsehoods intended to injure someone’s reputation.

• Example Tiger Woods’ ex-wife, suing a Irish newspaper for saying she posed nude.