Prior Restraint

ensuring a fair trial

-balancing first amendment with sixth amendment rights (right to a speedy and public trial) -managing pretrial publicity and publicity during the trial

nebraska press association v. stuart

-high profile murder case, defendant had supposedly confessed to his family -judge issued gag order preventing publication of several items -news media complains- unlawful restraint on publication under 1st Amendment -went to Supreme Court and ruled for the press

government must prove

-the danger is serious -the danger is imminent -speech is the cause of the danger -stopping speech will stop the danger -no alternatives to prior restraint exist -restraint cannot be too broad or vague

the pentagon papers

4/1971-leaked to NY times (about what was happening in Vietnam and how US was involved) 6/13/71-NYT runs first story 6/15/71-restraining order 6/19/71-federal circuit denies injunction 6/23/71-DC circuit court denies injunction 6/30/71-supreme court affirms, TRO ends

seditious libel

any case of criticism/dishonesty of government, truth cannot be used as deterrence

prior restraint

any time the government prevents or limits freedom to publish -licensing, censorship, bans on publication

grosjean v. american press co

charged up to 2% of gross income -supreme court says taxes could be selectively prosecuted to silence publishers -supreme court strikes down this tax, violates first amendment because you can't just tac those against you

super injunction

court mandate that prohibits media outlets from revealing any details of a court case and from even stating that the injunction had been mandated

barrett brown

facing over 100 years in jail; posted hacked data online (he didn't hack it and the data was already made available to the public)

freedom of the press

free to publish anything, but people are responsible for subsequent punishment of harmful publication

usaid v. aosi

government is requiring groups to state their opposition to prostitution in order to receive funds

near v. minnesota

government used nuisance law that allowed punishment of malicious, scandalous and defamatory newspaper -supreme court says this in an unlawful prior restraint -law violates first amendment

david miranda

held and detained at Heathrow airport under counterterrorism laws, many people view this as unjust and an infringement on press freedoms

us v. progressive

magazine publishes article about how to build a nuclear bomb -government asked for a restraining order -judge ruled to prevent from publishing because what is gained from publishing is minimal compared to potential harm

standard for gag orders

need more than clear and present danger, must be immediate and likely -will publication harm right to fair trial -are there other options available -would restrain order be effective -is it not overboard or vague

jonah lehrer

self-plagiarism scandal

why prior restraint is bad

supreme court calls it the most odious and least tolerable infringement of free speech -limits effeteness of marketplace of ideas -presumption of harm in advance -too much government power to limit criticism and examination of corruption