There, the government sought an Injunction against newspapers that were planning to publish classified material concerning U.S. The government argued that publication of certain material posed a threat to national security in the so-called Pentagon Papers case, new york times co. The Court identified three types of publications against which a prior restraint might be valid: those that pose a threat to national security, those that contain obscene materials, and those that advocate violence or the overthrow of the government. 1357 (1931), the Court held that the government could not prohibit the publication of a newspaper for carrying stories that were scandalous or scurrilous. Generally, the First Amendment prohibits prior restraint, that is, restraint on a publication before it is published. white said that laws that apply to the general public and do not target the press do not violate the First Amendment simply because their enforcement against members of the press has an incidental burden on their ability to gather and report the news: "Enforcement of such general laws against the press is not subject to stricter scrutiny than would be applied to enforcement against other persons or organizations." The Cohen decision indicates the Court's continued unwillingness to extend special First Amendment protection to journalists. Writing for the majority, Justice byron r. The Court held that the law did not unconstitutionally undermine their rights because its enforcement imposed only an incidental burden on their ability to gather and report information. The reporters claimed that the law infringed their First Amendment freedom to gather news unencumbered by state law. 2d 586 (1991), reporters for two Twin Cities newspapers were sued for breach of contract when they published the name of their source after promising confidentiality. Laws that affect the ability of the press to gather and publish news are suspect, but not automatically unconstitutional. Nonetheless, the Supreme Court has steadfastly held to its decision in Branzburg, and shows no sign of retreating from its position that the First Amendment confers no special privileges on journalists. In an unusual break with tradition, several circuit courts have applied Stewart's test and ruled in favor of journalists seeking special First Amendment protection. Justice Stewart's dissent in Branzburg urged the Court to find that a qualified journalistic privilege exists unless the government is able to show three things: (1) Probable Cause to believe that the journalist possesses information that is clearly relevant (2) an inability to obtain the material by less intrusive means and (3) a compelling interest that overrides First Amendment interests. As long as an inquiry is conducted in Good Faith, with relevant questions and no harassment, a journalist must cooperate. 2d 626 (1972), it held that a journalist's privilege to refuse to disclose information such as the names of informants is no broader than that enjoyed by any citizen. The Court has generally rejected requests to extend to the press Privileges and Immunities beyond those available to ordinary citizens. Burger concluded that the free speech guarantees of the First Amendment adequately ensure freedom of the press, and that there is no need to distinguish between the two rights:īecause the First Amendment was meant to guarantee freedom to express and communicate ideas, I can see no difference between the right of those who seek to disseminate ideas by way of a newspaper and those who give lectures or speeches and seek to enlarge the audience by publication and wide dissemination. burger, conferring special status on the press requires that the courts or the government determine who or what the press is and what activities fall under its special protection. The Court explained its reasoning in First National Bank of Boston v. Supreme Court, have advocated special press protections distinct from those accorded to speech, most justices believe that the Freedom of the Press Clause has no significance independent of the Freedom of Speech Clause. Although some cases and some legal scholars, including Justice Potter Stewart, of the U.S. Most have concluded that freedom of the press derives from freedom of speech. Constitution reads, in part, "Congress shall make no law… abridging the Freedom of Speech, or of the press." The courts have long struggled to determine whether the Framers of the Constitution intended to differentiate press freedom from speech freedom. Constitution, to gather, publish, and distribute information and ideas without government restriction this right encompasses freedom from prior restraints on publication and freedom from Censorship. The right, guaranteed by the First Amendment to the U.S.
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