PLS 460 Freedom of Press

PLS 460 Freedom of Press - Near v Minnesota 283 U.S...

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Near v Minnesota 283 U.S. 697 (1931) Magazine publishing negative comments - The bias against prior restraint is that the expression never enters the marketplace - Subsequent punishment at least the public has been given the opportunity to hear and judge the communication. New York Times v U.S. 403 U.S. 713 (1971) Pentagon Papers Case Classified study History of U.S. involvement in Vietnam - Govt failed to meet the heavy burden of justification for the use of a prior restraint. - Some were deeply troubled by the issuance of a restraint against the press in absence of a federal statute authorizing such a restraint. - Some felt the presence of a statute coupled with a fact pattern involving an alleged burden of justification necessary to authorize a prior retrain. - Without a statute a simple declaration by the Executive that publication would involve a “grave and irreparable threat to the public interest” was insufficient to override the heavy presumption against pure restraint. U.S. v Progressive 467 F.Supp.990 (1979) Publishing info on how to make Atomic Bomb - The Atomic Energy Act was neither vague nor overbroad. - Atomic Energy Act restricts this type of information issuing the injunction was the lesser of two evils. Skywalker Records v Navarro 739 F. Supp 578 (1990) - Judge found the recording to be obscene
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2 Live Crew Case - Actions of the sheriff office constituted a prior restraint in violation of the 1 st amendment. Houchins v KQED
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PLS 460 Freedom of Press - Near v Minnesota 283 U.S...

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