JOURN 559 Final: Review for 1st Essay Exam
30 Oct 2014
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In order to justify a restriction on speech, you must show: compelling interest to restrict speech, you are using the least restrictive means possible. Ny times vs. united states (pentagon papers) (1971) Significance: president only has inherent power to issue an injunction if something. Threatens grave & irreparable harm to the public interest (hard to cite a case where an injunction would be ok) Progressive magazine (1979) (progressive magazine wanted to print an article about how an h-bomb works) Nebraska press association vs. stewart (1976) (murder in nebraska, huge media coverage, judge says you can"t publish anything that would implicate defendant"s guild, npa says 1st amendment rights are violated) Gave us the clear and present danger test to see whether the gravity of evil discounted by it"s probability justifies restraint. Smith vs. daily mail publishing co. (1979) (school shooting by juvenile, need permission to print name in the paper)
