By: Lea Arapovic and Taylor England. Defining-“Freedom of Press”: I. Dictionary Definition: the...
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By: Lea Arapovic and Taylor England. Defining-“Freedom of Press”: I. Dictionary Definition: the right to publish newspapers, magazines, and other printed
Defining-Freedom of Press: I. Dictionary Definition: the right
to publish newspapers, magazines, and other printed matter without
governmental restriction and subject only to the laws of libel,
obscenity, sedition, etc. II. Cultural Definition (How it is used
in American life): The right to circulate opinions in print without
censorship by the government. Americans enjoy freedom of the press
under the First Amendment to the Constitution.
Slide 3
Bill of Rights Amendment I: Congress shall make no law
respecting an establishment of religion, or prohibiting the free
exercise thereof; or abridging the freedom of speech, or of the
press; or the right of the people peaceably to assemble, and to
petition the Government for a redress of grievances.
Slide 4
During the 18 th Century, when certain members of the press,
such as pamphleteer Thomas Paine, experienced a great deal of
persecution, the First Amendment made certain to protect those who
wrote and shared their somewhat unpopular political views. As long
as those reporting this information do not share falsities that are
harmful (libel) to any persons reputation or well-being, then they
are protected by the First Amendment.
Slide 5
Background: The New York Times and Washington Post wanted to
publish parts of a Department of Defense study on U.S. involvement
and wartime tactics in Vietnam. Nixons Administration placed an
injunction that prevented the publication of the Pentagon Papers.
The Administration argued that this was a matter of national
security, and therefore found prior restraint of the materials
necessary.
Slide 6
Injunction: Law - a judicial process or order requiring the
person or persons to whom it is directed to do a particular act or
to refrain from doing a particular act. National Security: a
collective term for the defense and foreign relations of a country,
protection of the interests of a country Prior restraint: a court
order banning publication of unpublished material.
Slide 7
Chief Justice Warren E. Burger 6-3 for New York Times The
Courts per curiam opinion ruled in favor of the New York Times, as
supported by the First Amendment. The Court ruled that the unclear
definition of security should not infringe upon the rights provided
by the First Amendment. The verdict, therefore, reasoned that the
efforts to prevent the publication by the Nixon Administration
deterred from the rights guaranteed by the First Amendment, and
that since the American people and forces were not being
endangered, the prior restraint was found indefensible. This case
served as precedence for later cases that were concerned with
freedoms given by the Constitution.
Slide 8
Background: Hazelwood East High Schools newspaper, The
Spectrum, was an entirely student-run publication. In May 1983,
Principal Robert E. Reynolds received a copy of the May 13 issue
for approval prior to publication. Reynolds withheld two articles
(one concerned with abortion; the other with divorce) from
publication, and former students Cathy Kuhlmeier and two others
later took the case to court.
Slide 9
Chief Justice William H. Rehnquist 5-3 for Hazelwood School
District The Court decided that not all types of student speech
were protected by the First Amendment in schools that are funded
for by the public. Further, the Court maintained that schools may
withhold publications in an effort to not advocate speech that goes
against the shared values of a civilized social order. So long as
the withholding is justifiable (reasonably related to legitimate
pedagogical concerns) it is constitutional. The Court therefore
ruled in favor of Reynolds and Hazelwood School District.
Slide 10
The First Amendment became suppressed in publicly- funded
institutions, such as schools. The following statutory regulation
was put into effect following the trial: The 1st Amendment of the
Constitution of the United States ensures that every American
citizen be granted the freedom to express themselves in accordance
with applicable legislature enacted in order to preserve the safety
and wellbeing of the general public; however, the right to free
speech prohibits ideas, ideology, or creeds to be imposed on any
individual without their respective and expressed consent.
Slide 11
Background: Jay Near published a scandal sheet in The Saturday
Press Newspaper, along with claims that local officials were
involved with gangsters. Officials placed an injunction to
establish a prior restraint of the scandal sheet. Minnesota had a
law at the time that supported this action, stating that any
individual engaged in the business of publishing an obscene, lewd,
and lascivious or malicious, scandalous and defamatory publication
was qualified as committing a nuisance, and could therefore be
restrained from further continuing it.
Slide 12
Chief Justice Charles Evans Hughes 5-4 for Near The Supreme
Court decided that the law that sanctioned the passage of the
injunction was unconstitutional. The Court looked to the First
Amendment, and ultimately decided that the gag order was an
infringement upon the First Amendment. The prior restraint of the
publication was declared unconstitutional, and a doctrine was
established that stated that government could not exercise prior
restraint over a publication.
Slide 13
The injunction was determined to be a direct violation of
freedom of expression. This was the first time the Supreme Court
effectively described the doctrine of prior restraint and its
limitations, giving meaning to the now clearly defined prior
restraint.
Slide 14
"Bill of Rights." About.com. New York Times Company, 2012. Web.
22 Feb 2012.. "Bill of Rights." National Archives and Records
Administration. N.p., 2012. Web. 22 Feb 2012.. "Freedom of Press."
Dictionary.com. The American Heritage New Dictionary of Cultural
Literacy, 2012. Web. 22 Feb 2012.. "Hazelwood v. Kuhlmeier."
Laws.com. Laws.com, 2011. Web. 24 Feb 2012.. "Injunction."
Dictionary.com. The American Heritage New Dictionary of Cultural
Literacy, 2012. Web. 22 Feb 2012..
Slide 15
"Major Decisions-New York Times v United States." Laws.com.
N.p., 2011. Web. 22 Feb 2012.. "National Security." Dictionary.com.
The American Heritage New Dictionary of Cultural Literacy, 2012.
Web. 22 Feb 2012.. NEW YORK TIMES v. UNITED STATES. The Oyez
Project at IIT Chicago-Kent College of Law. 24 February 2012..
"Prior Restraint." Dictionary.com. The American Heritage New
Dictionary of Cultural Literacy, 2012. Web. 22 Feb 2012.. "Yale Law
School Legal Scholarship Repository." Faculty Scholarship Series.
HeinOnline -- 20 Law & Contemp., n.d. Web. 24 Feb 2012.