Freedom of Press and Assembly Chapter 13 Section 4 and 5

Section 4 Prior Restraint Forbidden Prior restraint is censorship of information before it is published.Prior restraint The Supreme Court has ruled that the press may be censored in advance only in cases relating directly to national security. Near v. Minnesota helped establish that free press means freedom from government censorship.

Section 4 Fair Trials and Free Press In Sheppard v. Maxwell the Supreme Court ruled that press coverage interfered with Sheppard’s right to a fair trial. When a jury is sequestered it is kept isolated until the trial ends.sequestered A gag order is an order by a judge barring the press from publishing certain types of information about a pending court case.gag order

Section 4 Fair Trials and Free Press (cont.) In three 1972 cases that were considered together, the Supreme Court said that reporters have to surrender evidence because the First Amendment does not give them special privileges. To date, 30 states have passed shield laws—laws that give reporters some protection from disclosing their sources in state courts.shield laws

Section 4 Free Press Issues Because radio and broadcast television use public airwaves, they do not enjoy as much freedom as other press media. Stations must obtain a license from the Federal Communications Commission (FCC), a government agency that regulates their actions.

Section 5 Protecting Freedom of Assembly (cont.) Freedom of assembly includes the right to parade and demonstrate in public. To provide for public order and safety, many states and cities require that groups wanting to parade or demonstrate first obtain a permit.

Section 5 Protecting Freedom of Assembly (cont.) In Police Department of Chicago v. Mosley the Court voided a city law that banned all demonstrations near school buildings except in the case of labor union picketing—patrolling an establishment to convince workers and the public not to enter it. picketing

Section 5 Freedom of Association Freedom of association means the right to join a political party, interest group, or other organization. In 1937 the Supreme Court extended the right to freely assemble to protect the right of individuals to freedom of association. Under the Smith Act the Supreme Court upheld convictions of 11 leaders of the American Communist Party.

Section 5 Freedom of Association (cont.) In later cases the Court ruled that only actual preparations for the use of force against the government were in fact punishable.