1 st Amendment Freedom of the Press. Prior Restraint Prior restraint is censorship of publications...
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Transcript of 1 st Amendment Freedom of the Press. Prior Restraint Prior restraint is censorship of publications...
![Page 1: 1 st Amendment Freedom of the Press. Prior Restraint Prior restraint is censorship of publications before the information is published. Many foreign states.](https://reader034.fdocuments.us/reader034/viewer/2022051214/56649eff5503460f94c15566/html5/thumbnails/1.jpg)
1st Amendment
Freedom of the Press
![Page 2: 1 st Amendment Freedom of the Press. Prior Restraint Prior restraint is censorship of publications before the information is published. Many foreign states.](https://reader034.fdocuments.us/reader034/viewer/2022051214/56649eff5503460f94c15566/html5/thumbnails/2.jpg)
Prior Restraint• Prior restraint is censorship of
publications before the information is published.
• Many foreign states use this method of censorship to keep control of it’s people and not allow the international community access to their countries “problems.”
• The U.S. only denies the press from giving the public information when it pertains to matters of national security.
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New York Times Co. v U.S., 1971
• Story – During the Vietnam War, the NY Times printed the “Pentagon Papers,” documents that describe U.S. involvement in Vietnam.
• Amendment challenged – 1st
• Decision – The court ruled that stopping the Times from printing the report would be prior restraint and that the gov’ts concerns could not outweigh the 1st amendment.
• Impact – This validates the freedoms of the 1st amendment and the information that the public should be exposed to.
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Can the press go to far?
• Can the press give away so much information that someone that is accused of a crime can be found guilty before he/she enters the courtroom?
• Can the freedoms of the 1st amendment infringe on a persons rights given in the 6th amendment?
• The right to a fair trial in case you forgot.
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Sheppard v Maxwell, 1966• Story – Sam Sheppard was accused
of killing his wife. The media coverage was widespread and made it difficult for the court to secure a jury. During the trial, the press published biased reports and interviewed witness damning any chance Dr. Sheppard had against a fair trial.
• Amendments challenged – 1st and 6th
• Decision – The court ruled that the press coverage created an unfair bias against the accused.
• Impact – The court offered suggestions to restrain press coverage from interfering with the work of the court.
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What are these rules?
• #1 – Moving the location of the trial.
• #2 – Limiting the numbers of reporters in the courtroom.
• #3 – Limiting reporters actions in the courtroom.
• #4 – Isolating witnesses and jurors from the press.
• #5 – Sequestering (isolating) the jury.
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What about Journalists protections?
• Does the Constitution defend reporters, especially allowing them not to give up their sources?
• The answer is no. The 1st amendment does not protect journalist confidentiality. Only Congress or the States may protect them from giving up their sources.
• To date, 31 states have Shield Laws, to protect journalists from giving up their sources, but not if they witnessed the crime.
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31 states currently have shield laws for journalists to protect their sources
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How does the 1st amendment protect . . . • When our founding fathers
originally wrote this amendment, they thought of the Press as books, magazines, and newspapers.
• Print journalism is considered sacred and given all of the freedoms that the Constitution allows, unless it threatens national security.
• What other types of communication have come along since then that they did not plan for?
• How does the government deal with those types of media?
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What about TV and Radio?
• To have a radio or TV station, a company must obtain a license from the Federal Communication Commission (FCC).
• To obtain a license from the FCC, companies must comply with the stricter rules enforced by the government because they are broadcasted on public airwaves.
• Cable and satellite providers are given more leeway by the gov’t because they are not transmitted over public airwaves.
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What about Motion Pictures?
• Why the government does not view movies with the same liberalities as books or newspapers, they are not in the same category as TV.
• Movies are forced to be rated so that the consumer (movie goer) has an understanding of what type of movie they are viewing.
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What about e-mail and the internet?
• Because the internet and e-mail are considered print, the government gives the same protections to the internet that it gives to books.
• Can you see the danger in this much freedom?
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What about advertisements?
• Advertisements are the most limited form of media because it is profitable speech.