![]() 697 (1931), the Supreme Court determined that it is unconstitutional to exercise prior restraint with regard to print publications: "It is plain, then, that the language of this amendment imports no more than that every man shall have a right to speak, write, and print his opinions upon any subject whatsoever, without any prior restraint, so always that he does not injure any other person in his rights, person, property, or reputation, and so always that he does not thereby disturb the public peace or attempt to subvert the government. When a government seeks to regulate communications, courts must balance the interests of freedom of expression with the government's desire to protect its citizens from harm.The doctrine of prior restraint is usually invoked when this issue comes up. Prior restraint refers to when the government reviews materials to determine whether publication of the material is allowed. The Court held that if asked to testify in court under oath to a grand jury, a reporter may not invoke "reporters' privilege." Communications Regulations & Prior Restraint Intro ![]() 665 (1972), the Supreme Court held that when a reporter is asked to testify under oath in front of a grand jury, the reporter may not invoke "reporters' privilege." As such, "reporters' privilege" is not protected under the First Amendment when the reporter is asked to testify in front of a grand jury. "Reporters' privilege" refers to the idea that a reporter is protected under either statutory or constitutional law from being compelled to testify about confidential information or sources. Schools may refuse to endorse speech, as long as the school's actions are "reasonably related to legitimate pedagogical concerns." Compelling Reporters to Testify 260 (1988), the Supreme Court held that a school may exercise prior restraint against student publications. The Supreme Court found that there is a heavy presumption against prior restraint of the press, and that the respondent's (here, the United States) vague use of the word "security" is not enough to overcome the importance of the freedom of the press guaranteed by the First Amendment. 713 (1971), " the Nixon Administration attempted to prevent the New York Times and Washington Post from publishing materials belonging to a classified Defense Department study regarding the history of United States activities in Vietnam." The Nixon Administration claimed that releasing the documents would jeopardize national security. 652 (1925): "reedom of speech and of the press which are protected by the First Amendment from abridgment by Congress are among the fundamental personal rights and "liberties" protected by the due process clause of the Fourteenth Amendment from impairment by the States." National Security and Freedom of the Press The freedom of the press, along with the freedom of speech, was incorporated in Gitlow v. Supreme Court in order to apply to the states. The Constitutional Amendments needed to be incorporated against the states by the U.S. As with all Constitutional Amendments, the First Amendment only applied to the federal government-not to the states-when it was first ratified. The freedom of the press is guaranteed by the First Amendment. Freedom of the Press Overview Incorporation In fact, there are numerous state and federal statutes that seek to protect the freedom of the press, such as the Freedom of Information Act and the Privacy Act. As such, courts and legislative bodies have been hesitant to infringe upon the freedom of press. ![]() Freedom of the press is a fundamental liberty guaranteed by the First Amendment of the Constitution.
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