Freedom of Press Flashcards
Near v. Minnesota (1931)
Jay Near published a scandal sheet in Minneapolis, in which he attacked local officials, charging that they were implicated with gangsters. Minnesota officials proposed an injunction to prevent him from publishing. The Supreme Court found censorship is unconstitutional unless it threatens public safety, national security and more, it cannot be published.
Roth v. U.S. (1957)
Roth convicted of sending obscene materials. The Supreme Court used the Hicklen Test and defined obscenity more strictly. They reaffirmed that obscenity was not protected by the First Amendment and thus upheld the convictions of Roth.
Miller v. California (1973)
Miller sent out obscene brochures despite California’s law prohibiting the distribution of obscene material. The Supreme Court created the Miller Test: a test for determining whether speech or expression can be labeled obscene. The test includes:
1. The average person would find it unwholesome. 2. If the work in a offensive way depicts sexual conduct defined by law. 3. The work lacks serious literary, artistic, political or scientific value. The work is considered obscene only if all three conditions are satisfied.
New York Times v. Sullivan (1964)
A Civil Rights group made an ad in the NYT showing negative police behavior towards blacks. In one line, the NYT wrote that the protesters sang “My Country Tis of Thee”, in reality wrote “Star Spangled Banner: Sullivan, the Montgomery city commissioner, filed a libel action against the newspaper and four black ministers who were listed as endorsers of the ad, claiming that the allegations against the Montgomery police defamed him personally. Supreme Court ruled that the First Amendment protects the publication of all statements, even false ones, unless there is intent to damage a person’s life. After this case, it makes it harder to go after a newspaper.
