1. FREEDOM OF THE PRESS

2. 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

3. 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

4. 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.

5. 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

6. Prior restraint Censorship
Government has no right to restrain speech before it is expressed.

7. 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.

8. 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

9. Hayes Reporter promised not to reveal his sources.
Court ordered Branzburg to reveal. He didn’t and went to jail.
Constitutional

10. Gannet Company v. Pasquale
Court excluded all public and press from a trial to give the defendant a fair trial.
Found Constitutional

11. NOT PROTECTED!

12. 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.