PSCI 3303 Lecture Notes - Lecture 5: Microsoft Onenote, Prior Restraint, Fairness Doctrine
27 Jan 2017
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Wednesday, october 7, 2015 11:30 am: near v. minnesota (1931) Newspaper gets shut down due to being a nuisance by state law. Prior restraint is the essence of censorship. Blackstone says freedom from censorship is liberty of the press: no one criticizes that other than to say it goes beyond that. Prior restraints are unconstitutional unless: national security, obscenity. This case incorporates freedom of the press: new york times v. us (1971) Government seeks an injunction against publication of the papers in new york times. Brennan: heavy burden for government to justify a prior restraint, press must be left free to publish, novel situation, first amendment should be an absolute bar to restraint of this kind. Stewart-white: not a clear and present danger, no congressional guidance here. A right to publish gives a reporter the right to gather news: the only way to gather is to promise con dentiality of sources, court disagrees, no corresponding right.
