Freedom of Press

Freedom of Press - Lets take a closer look...

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Unformatted text preview: Lets take a closer look at:-Obscenity-Prior Restraint-The Media-Symbolic Speech-Commercial Speech PRIOR RESTRAINT The Constitution allows government to punish some utterances after they are made (treason, libel, etc . . .). But, with almost no exceptions, government cannot place any prior restraint on spoken or written words, except in the most extreme situations, government cannot curb ideas before they are expressed. NEAR V. MINNESOTA (1931) The Supreme Court struck down a State law that prohibited the publication of any malicious, scandalous, and defamatory periodical. Acting under that law, a local court had issued an order forbidding the publication of the Saturday Press. That Minneapolis paper had printed several articles charging public corruption and attacking grafters and Jewish gangsters. The Court held that the guarantee of a free press does not allow a prior restraint on publication, except in such extreme cases as wartime, or when a publication is obscene or incites violence. New York Times v US (1971) Pentagon Papers was a classified, stolen government report charting the escalation of the US in Vietnam The New York Times got a copy and was going to...
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This note was uploaded on 11/27/2011 for the course HISTORY 103 taught by Professor Livingston during the Fall '08 term at Rutgers.

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Freedom of Press - Lets take a closer look...

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