Freedom of the Press
Key Terms
prior restraint, sequester, gag order, shield laws
Find Out
• What is the Supreme Court’s opinion on
prior restraint?
• How has the Supreme Court ruled when the
presence of the media could affect a court trial?
Freedom of the Press
Understanding Concepts
Civil Liberties Some people perceive an
adversarial relationship between the government
and the press. Is this so? Why or why not?
Section Objective
Analyze First Amendment protections for the sharing
of information and opinions.
In ruling on Near v. Minnesota, Chief Justice
Charles Evans Hughes declared that prior
restraint was “the essence of censorship” but
acknowledged four possible circumstances in
which he felt censorship might be allowed:
when something printed was obscene,
weakened national security, invaded “private
rights,” or incited violence.
I. Prior Restraint Forbidden
(pages 371–372)
A. Prior restraint, or censorship in advance, is
permissible only in cases directly related to
national security.
B. In Near v. Minnesota (1931) the Court ruled
that states could not stop the publication of a
newspaper because that action involved
prior restraint.
C. In the Pentagon Papers case in 1971, the
majority ruled that the government could
not stop the publication of secret
government documents because it
would involve prior restraint.
I. Prior Restraint Forbidden
(pages 371–372)
Why were the justices of the Supreme Court
divided in their decision in the Pentagon
Papers case in 1971? Explain the issues that
caused the Court to split in this ruling.
See the case and decision on text page 372.
II. Fair Trials and Free Press (pages 372–374)
A. The First Amendment rights of a free press
sometimes conflict with the Sixth
Amendment’s guarantee of a fair trial.
B. After the Sheppard case (1966), the
Supreme Court described measures that
courts might take to restrain press coverage,
including moving the trial site, limiting the
number of reporters in the courtroom,
controlling reporters’ conduct in court,
keeping witnesses and jurors isolated from
the press, and sequestering the jury.
II. Fair Trials and Free Press (pages 372–374)
C. Gag orders barring the press from
publishing certain types of information are
illegal and are allowed only in unusual
circumstances.
D. After the Court ruled that reporters, like all
citizens, must testify in cases if called and
cannot refuse to reveal their sources of
information, some states passed shield
laws to protect the media from being
forced to disclose confidential information
in state courts.
II. Fair Trials and Free Press (pages 372–374)
Do you favor or oppose state shield laws
to protect news reporters? Explain
your reasons.
Answers will vary. Most states have passed
shield laws.
III. Free Press Issues (pages 374–375)
A. The Founders viewed the press strictly as
printed material; electronic media had not
yet been invented.
B. Radio and television do not enjoy as much
freedom as other press media because they
use the public airways.
C. The Federal Communications Commission
(FCC) regulates radio and television. That
agency cannot censor broadcasts but may
set standards.
III. Free Press Issues (pages 374–375)
D. Movies and the Internet are protected by
free press guarantees.
E. Communities may regulate obscenity within
limits acceptable to the courts.
F. Advertising is commercial speech and
thus receives less protection than purely
political speech.
III. Free Press Issues (pages 374–375)
How has the Supreme Court applied different
tests to the news media invented since the
Constitution was adopted?
See standards for radio, television, motion
pictures, and the Internet on pages 374–375.
Checking for Understanding
1. Main Idea Use a graphic organizer like the one
shown to analyze the importance of the
Supreme Court’s ruling on the Communications
Decency Act.
issue at stake: freedom of speech
safeguards on other media, such as the
Internet; Court’s ruling: speech on the
Internet is constitutionally protected
Checking for Understanding
Match the term with the correct definition.
___
D prior restraint
___
C sequester
___
A gag order
___
B shield laws
A. given by a judge barring the
press from publishing certain
types of information about a
pending court case
B. give reporters some means
of protection against being
forced to disclose
confidential information or
sources in state courts
C. to keep isolated
D. government censorship of
information before it is
published or broadcast
Checking for Understanding
3. Identify Federal Communications Commission.
The Federal Communications Commission is
a government agency that regulates the actions
of radio and broadcast television.
Checking for Understanding
4. When can the government exercise prior
restraint on the press?
They can exercise prior restraint only in those
cases relating directly to national security.
Checking for Understanding
5. What measures may a court take to restrain
press coverage in the interest of a fair trial?
Courts may move or delay the trial to reduce
pretrial publicity, limit the number of reporters in
the courtroom or place strict controls on their
conduct, isolate witnesses and jurors from the
press, and sequester the jury.
Critical Thinking
6. Checking Consistency Are there any
circumstances under which reporters should be
required to reveal or protect their confidential
information or sources? Explain your answer.
Some students may feel that when national
security, public safety, or individual rights are
jeopardized, reporters should not be shielded
from mandatory disclosure. Others may argue
that information that endangers someone
should not be revealed.
Civil Liberties The issue of freedom of
the press traces back to the New York v.
John Peter Zenger case. Research this
case and explain how the results of this
case relate to freedom of the press issues
today. Present your findings in a
comparison chart.