freedom of the press prior restraint = censorship of information before publication – only allowed...

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Freedom of the Press • Prior Restraint = censorship of information before publication – Only allowed if it interferes w/ national security • Press access at trials and impact on trials – Gag orders (judge bars press) sometimes yes/no – Sequestering juries, limit reporters, moving trial • Shield laws – 31 states – reporters protected, not forced to disclose confidential info or sources in state courts

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Page 1: Freedom of the Press Prior Restraint = censorship of information before publication – Only allowed if it interferes w/ national security Press access at

Freedom of the Press

• Prior Restraint = censorship of information before publication– Only allowed if it interferes w/ national security

• Press access at trials and impact on trials– Gag orders (judge bars press) sometimes yes/no– Sequestering juries, limit reporters, moving trial

• Shield laws – 31 states – reporters protected, not forced to disclose confidential info or

sources in state courts

Page 2: Freedom of the Press Prior Restraint = censorship of information before publication – Only allowed if it interferes w/ national security Press access at

Freedom of the Press

• Free Press Issues– Radio and television – obtain license and

regulated by FCC• Cannot censor prior but stations must follow standards

– Internet – considered print media– Protection from obscene speech, pictures, and

written material– Advertising – “commercial speech”

less protected, profit motive

Page 3: Freedom of the Press Prior Restraint = censorship of information before publication – Only allowed if it interferes w/ national security Press access at

Freedom of Assembly• “Right of people peacefully to assemble, and

petition, the government for redress of grievances”– Cannot interfere with the rights of others– High potential for violence – conflicting beliefs

• Limits: permits required in some states and cannot use private property (shopping mall)

• Peaceful picketing• Freedom of Association– Political parties– Limit: Clear and Present

Danger Doctrine (again)