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LAWS 2180 (18)

American Constitutional and Legal History 25.docx
American Constitutional and Legal History 25.docx

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Boston College
LAWS 2180
Alan Rogers

Paul Branzberg v. Hayes (1972) • Article appears in Louisville in the newspaper talking about drug trade. Reporter is called to a grand jury to report about what he knew in the drug trade that the police could use to help catch criminals. • Held in contempt of court indefinitely when he refuses to report to the jury using the 1 st Amendment and the “reporters privilege”: because they play such a crucial role in creating democratic society their stories should be protected. • Supreme Court says they are not protected, just a citizen and it your duty to report to the grand jury. Richmond Newspaper v. Virginia (1980) • Judge barred the press and their ability to report on what was going on. The paper st brought suit because trails are supposed to be public, that’s a 1 Amendment guarantee • 7-1, yes it is guaranteed and the judge cannot do that. Brandenberg v. ohio (1969) • Speech case, right to free speech as guaranteed by the 1 Amendment. • Brandenburg is a crazy lunatic. He is arrested. Precedent: Whitney: difference between advocating for it and it being a real threat. • Takes speech a step further towards free. Unless it is speech that will lead to imminent lawless action it cannot be restricted. • The conclusion of Holmes’s dissent inAbrams. From then on there is an increase in free
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