JOU 4380 Lecture Notes - Lecture 4: Stamp Duty, Bloomberg Businessweek, Cup-Bearer
27 Mar 2017
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Punishing before: a censor prior restraint. Stemmed from english law: henry viii and the tudors. Elites realized that controlling the press was the best way to protect their reputations. Criticized the massachusetts general court in his publication (new england courant) Franklin got his brother benjamin to run a new paper, in defiance of the licensing rules. Ben was eventually arrested, but the grand jury refused to indict, so he went free. Demonstrates american attitude about prior restraint in the 1760s. Founders wanted to ban prior restraint -- very concerned with free press. Broad = interprets constitution as changing, not a strict interpretation (jefferson) Did they intend just to prohibit prior restraint or did they mean to ban subsequent punishment as well libel/slander. Framers wouldn"t have banned subsequent punishment and then enacted alien and sedition acts of 1789. James madison -- alien and sedition acts violated 1a. (1) breadth of prior restraint all publications are subject.
