Freedom of the Press

1. Freedom of the Press By: Lea Arapovic and Taylor England

2. What is "Freedom of Press?" Defining-“Freedom of Press”: • 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. • 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.

3. Where is "Freedom of Press" found? 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.

4. Why was this provision added to the Constitution? • During the 18th 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 person’s reputation or well-being, then they are protected by the First Amendment.

5. New York Times v. United States“Pentagon Papers Case” 1971 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. • Nixon’s 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.

6. NYT v. US Important Definitions • 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relations of a country, protection of the interests of a country • Prior restraint:a court order banning publication of unpublished material.

7. NYT v. US Decision • Chief Justice Warren E. Burger • 6-3 for New York Times • The Court’s 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.

8. Hazelwood v. Kuhlmeier (1988) Background: • Hazelwood East High School’s newspaper, The Spectrum, was an entirely student-run publication. • In May 1983,Principal Robert E. Reynoldsreceived 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.

9. Hazelwood v. Kuhlmeier Decision • 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.

10. Hazelwood v. Kuhlmeier Effects • 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.”

11. Near v. Minnesota (1931) 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 injunctionto 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.

12. Near v. Minnesota Decision • 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.

13. Near v. Minnesota Effect • 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.

14. Bibliography: "Bill of Rights." About.com. New York Times Company, 2012. Web. 22 Feb 2012. <http://civilliberty.about.com/od/firstamendment/tp/First-Amendment.htm>. "Bill of Rights." National Archives and Records Administration. N.p., 2012. Web. 22 Feb 2012. <http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html>. "Freedom of Press." Dictionary.com. The American Heritage® New Dictionary of Cultural Literacy, 2012. Web. 22 Feb 2012. <http://dictionary.reference.com/browse/freedom of the press>. "Hazelwood v. Kuhlmeier." Laws.com. Laws.com, 2011. Web. 24 Feb 2012. <http://cases.laws.com/hazelwood-v-kuhlmeier>. "Injunction." Dictionary.com. The American Heritage® New Dictionary of Cultural Literacy, 2012. Web. 22 Feb 2012. <http://dictionary.reference.com/browse/Injunction>.

15. Bibliography Continued: "Major Decisions-New York Times v United States ." Laws.com. N.p., 2011. Web. 22 Feb 2012. <http://constitution.laws.com/supreme-court-decisions/major-decisions-new-york-times-v-united-states>. "National Security." Dictionary.com. The American Heritage® New Dictionary of Cultural Literacy, 2012. Web. 22 Feb 2012. <http://dictionary.reference.com/browse/National Security>. “NEW YORK TIMES v. UNITED STATES.” The Oyez Project at IIT Chicago-Kent College of Law. 24 February 2012. <http://www.oyez.org/cases/1970-1979/1970/1970_1873>. "Prior Restraint." Dictionary.com. The American Heritage® New Dictionary of Cultural Literacy, 2012. Web. 22 Feb 2012. <http://dictionary.reference.com/browse/Prior Restraint>. "Yale Law School Legal Scholarship Repository." Faculty Scholarship Series. HeinOnline -- 20 Law & Contemp., n.d. Web. 24 Feb 2012. <http://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=3761&context=fss_papers&sei-redir=1&referer=http://www.google.com/search?q=near+v+minnesota+significance&hl=en&safe=active&gbv=2&prmd=ivns&ei=2ddHT5vzMZCatwfa2M3_DQ&start=30&sa=N