LAWS 2180 Lecture Notes - Flag Desecration, Free Exercise Clause, Imminent Lawless Action
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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 1st
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
Richmond Newspaper v. Virginia (1980)
•Judge barred the press and their ability to report on what was going on. The paper
brought suit because trails are supposed to be public, that’s a 1st 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 1st 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.
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