Freedom of Speech Notes 3

Freedom of Speech Notes 3 - Chapter 8 Prior Restraint Prior...

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Chapter 8- Prior Restraint Prior restraint of communication is UNCONSTITUTIONAL, EXCEPT in cases of national security or protecting public decency Near v. Minnesota 1925 o 5-4 vote finding Minnesota gag law unconstitutional o There were private remedies available for defamation o The law was aimed at protecting public figures/officials from criticism o The objective of the law was to suppress, not punish o The law effectively censored the press Control of communication through permit/license requirements o Film licensing boards- they were ok but had to avoid and consider many things, eventually disappeared Burstyn v. Wilson “Expression by means of motion pictures is included within the free speech and free press guarantees of the 1 st and 14 th Amendments” Burden of proof on the censor to show film should be restrained Restraint must be done only in a certain time period before released Courts may review the film o Lovell v. Griffin Prohibition on public distribution of any/all literature without a permit is unconstitutional- rule was overbroad Take measures to prevent littering, not freedom of speech Permit system too broad, banned too much literature Schneider v. State o Cannot prohibit passing out of leaflets to prevent litter Punish litterbug not person passing out pamphlet Exceptions for national security and public decency
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o Pentagon Papers First time government tried using prior restraint in a matter of national security to restrict freedom of the press, govt. did not have burden of proving or need for justification of the restraint o Secrecy Agreements If you sign a contract you are bound to it regardless of the First Amendment o Public Decency Public nuisance tactic- show that a business is immoral and a nuisance to the public Licensing tactic- states and municipalities have right to license entertainment establishments
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Freedom of Speech Notes 3 - Chapter 8 Prior Restraint Prior...

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