Freedom Of Press Flashcards
Reiterated in Near v. Minnesota (1931)
Prior restraint – the government’s power to prevent publication, as opposed to punishment afterward
Example: The government cannot prevent a newspaper from publishing a story before it goes to print.
New York Times v. United States (1971)
Pentagon Papers
Newspapers protected against trivial or incidental errors when they were reporting on public persons
Prohibition of prior restraint on publication remains the core of freedom of the press
Defamation in Writing
Actual malice – in libel cases generally consists of intentionally publishing any written or printed statement that is injurious to the character of another with either knowledge of the statement’s falsity or a reckless disregard for the truth
Example: A newspaper knowingly publishing false information about a public figure.
Free Press versus Fair Trial
Gag order – an order issued by a judge restricting the publication of news about a trial in progress or a pretrial hearing in order to protect the accused’s right to a fair trial
Example: A judge prohibiting the media from reporting on a high-profile trial to ensure an unbiased jury.
