FREEDOM OF THE PRESS
Prior Restraint
• Prior restraint: censorship of information before it is
published is FORBIDDEN in the U.S.
• Near v. Minnesota (1931): MN law prohibiting any
“malicious, scandalous, or defamatory” newspapers or
magazines
• Unconstitutional because it involved prior restraint
• NY Times Co. v. U.S. (1971): leaked “Pentagon Papers”
published, government seeks to stop further publication
arguing national security would be endangered…
• Court rules stopping the publication = prior restraint
Fair Trials & Free Press
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When does the right to a fair trial (6th Amendment)
outweigh the right to a free press (1st
Amendment)?
Sheppard v. Maxwell (1966): Dr. accused of killing
his wife, pretrial news practically called him guilty
Supreme Court ruled press coverage interfered
with his right to a fair trial
What can judges do?
Move the trial to reduce pretrial
publicity
Limit the number of reporters in
the courtroom
Place controls on reporters’
conduct in the courtroom
Isolate witnesses and jurors from the press
Keep the jury sequestered (isolated) until the trial
is over
Free Press & TV, Internet & Obscenity
• FCC: Federal Communication Commission
• Turner Broadcasting System, Inc. v. FCC (1997): cable tv
operators should have more 1st Amendment protection
from government regulation than other broadcasters, but
not as much as newspapers and magazines
• U.S. v. Playboy (2000): cable operators’ rights were
violated by the Telecommunications Act of 1996 which
required cable operators to block or limit transmission of
sexually oriented programs to protect young viewers
• Internet: To what level is Internet speech protected?
• Reno v. American Civil Liberties Union (1997): speech on
the Internet was closer to print media than broadcast
media and thus given high protection
• Obscenity: who defines it?????
• Miller v. CA (1973): local communities should set their
own standards for obscenity