COM CM 481 Lecture Notes - Lecture 5: Edward Snowden, Pentagon Papers, The New York Times

• School: Boston University
• Department: Mass Communication, Advertising & Public Relations
• Course: COM CM 481
• Professor: Shannon Carter

Document Summary

Tried to bring charges against trump for incitement to riot + lower court let the case proceed. Case reached circuit court of appeals and unanimously held it was not incitement and protected by first amendment. Trump"s direction to remove protesters from a rally containing thousands was not a plausible interpretation of incitement. Did not directly try to incite --> next words trump said were "don"t hurt them" (so hard to claim that he was inciting them) Ny times and wash post obtained papers outlining strategy for vietnam war. Published them gradually --> gov"t sought injunction asking for prior restraint to stop publishing. 2nd circuit upheld injunction; dc circuit did not --> wash post was able to publish; ny times not. Ny times won b/c gov"t did not meet heavy burden of proof for prior restraint. Prior restraint = especially bad violation of first amendment; must have extremely compelling need to win.