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PRIOR RESTRAINT

PRIOR RESTRAINT. JOUR3060 Communication Law & Regulation. PRIOR RESTRAINT. Prior Restraint (Historically)

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PRIOR RESTRAINT

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  1. PRIOR RESTRAINT JOUR3060 Communication Law & Regulation

  2. PRIOR RESTRAINT • Prior Restraint (Historically) • Blackstone’s Commentaries (1760s): “the liberty of the press is indeed essential to the nature of a free state; but this consists is laying no previous restraints on publication, and not in freedom from censure for criminal matter when published. Every freeman has an undoubted right to pay what sentiments he pleases before the public; to forbid this is to destroy the freedom of the press; but if he publishes what is improper, mischievous, or illegal, he must take the consequences of his own temerity.”

  3. PRIOR RESTRAINT • RULE: prior restraints are presumptively unconstitutional • State Action: presumptively unconstitutional • Private Action/Censorship: NOT presumptively unconstitutional • Okay to regulate time, place, manner

  4. PRIOR RESTRAINT • Exceptions: • Schenckv. US (1919) • Clear and Present Danger Test • Near v. Minnesota (1931)

  5. PRIOR RESTRAINT - MEDIA • Print • Near v. Minnesota (1931) • Nebraska Press Association v. Stuart (1976) • Test to uphold Prior Restraint

  6. PRIOR RESTRAINT - MEDIA • Broadcasting • Trinity Methodist Church v. Federal Radio Commission (1932)

  7. PRIOR RESTRAINT - MEDIA • Film • Freedman v. Maryland (1965)

  8. PRIOR RESTRAINT • Other Notable Exceptions: • Near v. Minnesota (1931) • New York Times v. US (1971) “Pentagon Papers Case” • Marchetti v. US (1972) • Snepp v. US (1980) • Tory v. Cochran (2005)

  9. FOR NEXT CLASS: Monday Feb 10th • TOPIC: Symbolic Expression • READING: Hopkins chapters 3, 7 • CASES: will be emailed and posted to blog

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