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.