1. Freedom of the Press
Chapter 13.4

2. Objectives Discover the Supreme Courts opinion on prior restraint.
Explore Supreme Court rulings where the presence of media could affect a court trial.

3. Prior Restraint Forbidden
I. Prior Restraint -censorship of information before it is published. A. When is this “OK”? 1. Near v. Minnesota 2. New York Times Co. v. U.S. a. National Security

4. Fair Trials and Free Press
II. Fair Trials & Free Press Questions to ask: -Does the press have the right to publish information that may be influential to the outcome of a trial? - Should reporters be able to withhold sources of information that may be important to a trial?

5. Fair Trials and Free Press
A. Sheppard v. Maxwell (Cleveland, OH) 1. Role of the Media: a. cast Sheppard as guilty i. Court = press had interfered with fair trial ii. Restraining Press: -moving the trial -limiting press in courtroom -controlling reporters conduct in court -isolating jurors and witnesses from press -sequestering

6. Fair Trials and Free Press
B. Gag Orders Unconstitutional -order by judge to stop press from publishing certain information about a pending case. 1. Nebraska Press Association v. Stuart a. gag orders must be detailed/specific

7. Protecting News Sources
C. Protecting News Sources ex: ) Watergate Scandal 1. Shield Laws -enacted by certain states to give reporters protection against relinquishing sources. III. Free Press Issues A. Radio and Television 1. Federal Communications Commission (FCC) B. Internet 1. Miller v. California – local communities set parameters for obscenity