freedom of the press 4chan.org/b/ ancient aliens did this
Post on 28-Dec-2015
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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
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
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