Jeremy Purnell – 1st period Freedom of the Press Jeremy Purnell – 1st period

Where is it located? Freedom of the Press is located in the 1st Amendment of the Constitution. “Congress shall make no law…abridging the freedom of speech or of the press.” – 1st Amendment of Constitution 1st Amendment was ratified December 15, 1791

How is it Freedom of the Press presented

History Crown v. Zenger (1735) John Peter Zenger was a journalist and publisher for the New York Weekly Journal. sued for being libel after publishing critical stories about public officials OVERTURNED!!!

Near v. Minnesota (1931) BRIEF BACKGROUND- J.M. Near is a man, who was a resident in Minnesota, who published a newspaper called “The Saturday Press.” Near was arrested for the racist, prejudiced, and hateful comments in the newspaper. DECISION- 5–4 decision for Near SIGNIFICANCE- This was the 1st time the Supreme Court declared that "prior restraints" on publication violated the 1st Amendment.

New York Times Company v. Sullivan (1964) BACKGROUND- The story began in Montgomery, Alabama, on March 29, 1960. when New York Times advertisement appeared in The Times titled Heed Their Rising Voices. L.B. Sullivan sued the New York Times Co. for printing an advertisement about the civil rights movement in the south that slandered him. FACT- Sullivan claimed the he need money for the case because his reputation was hurt.

Under the Alabama law, Sullivan did not have to prove that his reputation was hurt. He was awarded $500,000 in circuit court.

Opinion Majority opinion by Justice Brennan Supreme Court ruled in favor of New York Times CO by unanimous decision. 9-0 “The Court held that the First Amendment protects the publication of all statements, even false ones…” https://www.oyez.org/cases/1963/39

New York Times v. United States (1971) Also known as the Pentagon Papers case Information was so to be censored/ compressed

Background Robert Mcnamara- Secretary of Defense Daniel Ellsberg- worker @ the Pentagon

Backgrounnd Now since the New York Times have the paper, articles began to arrive. Nixon sees and quickly files “prior restraint” Congress said Nixon violated the 1st Amendment with the prior restraint. In a 6-3 decision, the Supreme Court agreed with the two lower courts

Branzburg v. Hayes (1972) BRIEF BACKGROUND- Branzburg saw people making of hashish for marijuana. Called to grand jury to identify Branzerg and other reporters followed with Newman Privilege. DECISION- 5-4 decision SIGNIFICANCE- the use of the First Amendment as a defense for reporters summoned to testify before a grand jury

Miami Herald Publishing Company v. Tornillo (1974) Background - Pat Tornillo a candidate for the Florida House of Representatives in Dade County, Florida. The Miami Herald published two editorials criticizing Tornillo and his candidacy Florida Statute Section 104.38, which granted political candidates criticized by any newspaper the right to have their responses to the criticisms published. - "Miami Herald Publishing Company v. Tornillo." Oyez. Chicago-Kent College of Law at Illinois Tech, n.d. Sep 27, 2016. <https://www.oyez.org/cases/1973/73-797> FACTS- The Circuit Court ruled that the statute was unconstitutional. The Supreme Court of Florida reversed this decision.

Decision Unanimous decision in favor for Herald Supreme Court reversed Florida decision and saw that 1st amendment was implied.

Houchins v. KQED Inc. (1978) Background- KQED Inc., wanted permission to take pictures of the Alameda County Jail. From recent a suicide. Houchins, the Sheriff of Alameda County, denied access to the media. 4-3 decision for Houchins Opinion- Chief Burger opinion, held that the 1st Amendment granted no special right of access to the press to government

Press-Enterprise Co. v. Superior Court of Cal Press-Enterprise Co. v. Superior Court of Cal., County of Riverside (1986) Background-A nurse in California was charged with killing 12 patients by giving them too much doses of heart medication. Nurse asked for a closed hearing because of the national publicity. After the hearing, Press-Enterprise Co. requested a transcript of the proceedings and writ. The court denied the request because the transcript might prejudice the nurse’s right to a fair and impartial trial and writ was also denied.

Decision According to Chief Justice Warren E. Burger, the Supreme Court held that the 1st Amendment right of public access applies to preliminary hearings. With 7-2 favor Press Enterprise

Department of Justice v Department of Justice v. Reporters Committee for Freedom of the Press (1989) BRIEF BACKGROUND- CBS wanted criminal records of Charles Medico from the FBI. DECISION- 9-0 decision Congress stated that the RCFP challenged was too broad. SIGNIFICANCE- decision that greatly affects the protection of personal privacy under the Freedom of Information Act.

Tory v. Cochran (2005) BRIEF BACKGROUND-Johnnie Cochran sued his former client Ulysses Tory for making statements that was ruining his reputation. DECISION-7–2 DECISION FOR ULYSSES TORY SIGNIFICANCE – as long as does not physically nor defamed a person, the 1st amendment can always be used.

Sources https://www.oyez.org/cases/1979/78-1088 https://www.oyez.org/cases/1988/87-1379 https://www.law.cornell.edu/supct/html/03-1488.ZO.html https://www.oyez.org/cases/1985/84-1560 https://www.ushistory.org https://www.casebriefs.com https://www.study.com/freedomofpress