JRLC5040 Book Notes Ch 3

JRLC5040 Book Notes Ch 3 - Chapter 3 Prior Restraint on...

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Chapter 3 Prior Restraint on publications - Unconstitutional except in false ads, copyright, military sites CASE: Near v. Minnesota 1931 - Strike down statute that allowed injunction to halt all malicious, scandalous, defamatory publications - Constitutionality of statue challenged by Near (anti-Semitic publisher whose Saturday Press accused police chief Frank Brunkskill of failed to pursue a Jewish gangster) - US Supreme Court reversed injunction to bar Near from publishing Injunction: - Willingly issued to halt obscenity, false advertising, and fraud (speech outside constitution) - Prior restraint justified in obscenity and commercial cases CASE: New York Times v. US - Supreme Court unwilling to grant prior restraint on political speech with severe harm predicted - Pentagon Papers (Vietnam War) - Commissioned by Defense Secretary Robert McNamara before leaving office in 1968 - How Republican and Democratic administrations misled people about objectives in Asia - Nixon asked to seek an injunction o Grounds of irreparable danger to national interest o Prolong Vietnam War o Disrupt administration’s diplomacy o (secret) attempt at open diplomacy with China - First Amendment did NOT permit injunction Immediate, irreparable danger to national security prior restraint Prepublication Agreements
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- Prior restraint can take form of government contract or restrictive prepublication agreement - Federal employees: nondisclosure forms - CASE: Snepp v. US o CIA employees must sign employment contract lifetime censorship o Snepp published book critical of American evacuation in Vietnam o Contained no classified material but sued for breach in contract o Punishment: “constructive trust” on all earnings (revert to government) Military Security Review - Prior restraint imposed on press coverage of combat operations
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JRLC5040 Book Notes Ch 3 - Chapter 3 Prior Restraint on...

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