Chapter Assessment 1

Section Focus 4

Section 4-2 A.Prior restraint censorship in advance permissible only in cases directly related to national security. I.Prior Restraint Forbidden B.Near v. Minnesota (1931) a MN law prohibited publication of “malicious, scandalous, or defamatory” newspapers or magazines ruled states can not stop the publication of a newspaper in advance (prior restraint)

Section 4-2 I.Prior Restraint Forbidden C.New York Times Co. v. United States (1971) the “Pentagon Papers” case hundreds of documents, cables, and plans seemed to indicate the government lied about the Vietnam War the majority ruled that the government could not stop the publication of secret government documents (prior restraint)

Section 4-4 A.First Amendment rights of a free press must be balanced with Sixth Amendment guarantees of a fair trial II.Fair Trials and Free Press B.Sheppard v. Maxwell (1966) the Supreme Court described measures that courts might take to restrain press coverage 1. moving the trial site 2. limiting the number of reporters in the courtroom 3. controlling reporters’ conduct in court 4. keeping witnesses and jurors isolated from the press 5. sequestering the jury.

Section 4-5 C.gag orders bar the press from publishing certain types of information allowed in pre-trial hearings only if a “reasonable probability” exists publicity could damage a trial D.shield laws passed by some states to protect the media from being forced to disclose confidential information in state courts does not exist on the national level II.Fair Trials and Free Press

Section 4-7 A.The Founders viewed the press strictly as printed material III. Free Press Issues B.Radio and television do not enjoy as much freedom as other press media because they use the public airways C.The Federal Communications Commission (FCC) regulates radio and television cannot censor broadcasts but may set standards

Section 4-8 D.Movies and the Internet are protected by free press guarantees. E.Communities may regulate obscenity within limits acceptable to the courts. F.Advertising is commercial speech and thus receives less protection than purely political speech. III. Free Press Issues