PSCI 3303 Lecture Notes - Lecture 3: Pentagon Papers, Microsoft Onenote, Fairness Doctrine
20 Jan 2016
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Newspaper gets shut down due to being a nuisance by state law. Blackstone says freedom from censorship is liberty of the press. No one criticizes that other than to say it goes beyond that. Government seeks an injunction against publication of the papers in new york times. Heavy burden for government to justify a prior restraint. First amendment should be an absolute bar to restraint of this kind. Courts should not interfere with the executive in foreign affairs. The courts should just determine foreign affairs is involved and that the executive asserts there is danger for national security. A right to publish gives a reporter the right to gather news. The only way to gather is to promise confidentiality of sources. No right to gather news about criminal matters and hide source from a grand jury. Can"t interfere with fair and effective law enforcement. Not clear lack of protection has significant harmful effects on news-gathering.
