HY 357 Lecture Notes - Lecture 45: Daniel Ellsberg, Prior Restraint, Pentagon Papers
6 Jun 2018
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The First Amendment: Freedom of the Press
Freedom of the press often presents a conflict of rights. On the one hand is the public's right to
know, and on the other is the right of the government to secrecy in certain circumstances, the
right of individuals to privacy, and the right of defendants to a fair trial. In addition, an individual
may have personal and moral sensibilities that the press should not offend. Laws tackling these
polarities fall under the headings of prior restraint and subsequent punishment.
Prior restraint
Laws that call for prior restraint are basically censorship laws that prevent the
publication of information before it is officially released. The most famous case in recent
years involved the Pentagon Papers in 1971. Daniel Ellsberg, a Defense Department
contractor, leaked the 47-volume report on American policy in Vietnam to The New York
Times and The Washington Post. When the Nixon administration learned that the
newspapers were going to publish excerpts from the report, it sought a court injunction
to prevent publication. The Supreme Court ruled that prior restraint was an
unconstitutional restriction on the freedom of the press.
Subsequent punishment
Subsequent punishment laws hold publications accountable for the information they
publish. They may influence a publisher to think seriously about whether a story is
libelous, slanderous, or obscene. Publishing statements that are malicious, untrue, and
harmful to a person's reputation is called libel. When such statements are spoken, they
are called slander. Celebrities and elected officials are often described negatively in the
press. The Supreme Court has ruled that such stories can be considered libelous or
slanderous only if it can be proved that they were published without regard for the truth
or falsity of the statements. This is a difficult standard, and tabloids thrive on making
outrageous claims about public figures. Recent cases have narrowed the definition of
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Document Summary
Freedom of the press often presents a conflict of rights. In addition, an individual may have personal and moral sensibilities that the press should not offend. Laws tackling these polarities fall under the headings of prior restraint and subsequent punishment. Laws that call for prior restraint are basically censorship laws that prevent the publication of information before it is officially released. The most famous case in recent years involved the pentagon papers in 1971. Daniel ellsberg, a defense department contractor, leaked the 47-volume report on american policy in vietnam to the new york. When the nixon administration learned that the newspapers were going to publish excerpts from the report, it sought a court injunction to prevent publication. The supreme court ruled that prior restraint was an unconstitutional restriction on the freedom of the press. Subsequent punishment laws hold publications accountable for the information they publish.
