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Prior Restraint Doctrine

• Near v. Minnesota

  • Revolutionized prior restraint doctrine in the U.S.

  • Recognized that government attempts to enjoin the press are akin to requiring journalists to seek permission to publish.

  • Held that:

    • The government could enjoin the press for defamatory publications.

    • The government could only ever enjoin the press if it committed treason.

    • The government could enjoin publications that were hateful and recklessly criticized public officials.

Dicta in Near v. Minnesota

• Government could hypothetically get an injunction on publications involving:

  • Defamatory statements.

  • Name of a crime victim.

  • Dates and locations of U.S. military troop movements.

  • Indecent speech.

New York Times v. U.S.

• U.S. Supreme Court ruling:

  • Government can only restrain publication if it proves:

    • The publication would lead to irreparable harm.

William Blackstone's View

• Unlawful prior restraint involved:

  • Applying for a license from the government to publish.

  • Censorship after bad effects of a publication.

  • Sedition.

  • Correct Answer: All of the above.

Minnesota Authorities and Jay Near

• The authorities attempted to enjoin Near using a:

  • State public nuisance statute.

Robert McCormick's Involvement

• McCormick financed Near’s appeal because:

  • He realized the outcome could affect his own publication.

Thorny Theoretical and Doctrinal Issues

• Issues in free press jurisprudence:

  • Determining redundancy between the speech and press clauses.

  • Defining who qualifies as a journalist or what constitutes the press.

  • Determining if journalists have special rights over the general public in the name of press freedom.

  • Correct Answer: All of the above.

Rationale behind Supreme Court's Decision in New York Times v. U.S.

• The Court's per curiam decision rationale included:

  • The Executive Branch cannot expect the Judicial Branch to automatically support orders for censorship.

  • The more effective remedy for protecting classified information is for the government to manage leakers better.

  • The press plays a crucial role in democracy by checking the government.

  • Correct Answer: All of the above.

Nixon Administration's Injunctions

• Reasons for seeking injunctions in both New York and D.C.:

  • U.S. law does not allow a nationwide court order.

  • These were key jurisdictions.

Recent Felony Charge under Espionage Act

• Figure who pled guilty: Julian Assange.