First Amendment Freedoms

1. First Amendment Freedoms Freedom of the Press

3. Who are the “press?” • Newspapers or journalists viewed collectively • Freedom of Press guarantees censorship against... • Newspapers • Magazines • Books • Radio • TV • Film

4. Purpose of Freedom of Press • Hold people, particularly gov’t, accountable for their actions • Provide citizens with a variety of information and opinions on public matters • Let public determine the “truth” through open and public discussion

5. Six people were brutally murdered in their home in a small Nebraska town. The murders and the later arrest of a suspect received widespread news coverage. At a pretrial hearing that was open to the public, the prosecutor introduced a confession and other evidence against the accused. Both the trial judge and the lawyers involved in the case believed that publication of the information presented at the pretrial hearing would make it impossible for the suspect to have a fair trial before an unbiased jury. As a result, the trial judge issued a gag order, which prohibited the news media from reporting the confession or any other evidence against the accused. Members of the news media sued to have the gag order declared unconstitutional and removed. ________ 1.) What happened in this case? Why did the judge issue a gag order? 2.) Should judges be able to close criminal trials to the press? Why or why not? 3.) Which is more important—the right to a fair trial or the right to freedom of the press? Explain.

6. UNCONSITUTIONAL • The gag order issued in the previous scenario was ruled unconstitutional by the U.S. Supreme Court. • SCOTUS held that trial judge should have take less drastic steps to lesson effects of pretrial publicity: • Postpone the trial • Move trial to different county • Question potential jurors for bias (removal for cause, preemptory challenges) • Instruct jury to decide case based only on evidence introduced DURING the trial Prior Restraint

7. Prohibiting Publication • Freedom of Press sometimes clashes with other rights • Ex: Right to a Fair Trial or Right to Privacy

8. Prohibiting Publication • Gag order: a judges order to the press telling them that they cannot report certain information on a court case taking place • In order for a gag order to be issued, prior restraint must be proven

9. Prior Restraint • Prior restraint: proof that other steps have been taken prior to the gag order, and that these steps were not good enough to ensure a fair trial • Prior restraint allowed if… • Publication would cause certain, serious, and irreparable harm • No lesser means would prevent the harm • Prior restraint would be effective in avoiding the harm

10. Example • New York Times v. United States (1971) • Gov’t employee leaked top-secret documents about origins of Vietnam War to several newspapers • Documents outlined past conduct on the U.S. regarding the Vietnam conflict • Gov’t sued, trying to block publication • Court refused gag order because gov’t had not provided “grave and irreparable” danger.

11. Denying the Press Access to Information • Another way gov’t tries to control press • Some argue denying the public access to info does not violate Freedom of Press. Others argue “Freedom of Press” implies a right to obtain info • Freedom of Information Act (1966) passed.