First Amendment: Freedom of the Press - AP Government and Politics

Near v. Minnesota (1931). Landmark case that first limited government's power to censor publications.

New York Times Co. v. United States (1971). Pentagon Papers case that rejected prior restraint even for classified material.

Government action preventing publication. Forbidden under First Amendment except in extraordinary circumstances.

Miller Test. Three-part test determining if material lacks First Amendment protection.

Challenged prior restraint during wartime. Supreme Court rejected government's national security censorship claims.

New York Times Co. v. Sullivan (1964). Set higher standard for public figures to win libel cases.

Libel is written; slander is spoken. Both harm reputation but differ in medium of communication.

Regulates broadcasting, not print media. Limited to broadcast media due to spectrum scarcity rationale.

Schools can censor student newspapers. Schools have broader authority over student publications than government.

Obscenity. Material lacking serious literary, artistic, political, or scientific value.

Journalists have no special privilege to withhold sources. Reporters cannot refuse grand jury subpoenas for source information.

Schenck v. United States (1919). Established 'clear and present danger' test for speech restrictions.

Free expression allows truth to emerge. Competition between ideas leads to better understanding of truth.

Inform the public and check government power. Fourth estate serving as democracy's watchdog and information source.

Libel, obscenity, national security. Content-based restrictions requiring compelling government interest and narrow tailoring.

Knowledge of falsity or reckless disregard for truth. Standard from Sullivan requiring intent or extreme negligence for libel.

Shield laws. Legal protections allowing reporters to protect confidential sources.

Discouragement of legal rights due to fear of legal action. When fear of lawsuits discourages legitimate journalistic reporting.

False statement damaging reputation. Can be written (libel) or spoken (slander) false statements.

Early case for freedom of the press. Colonial precedent establishing truth as defense against seditious libel.

Actual malice. Higher legal standard protecting robust debate about public officials.

Fairness Doctrine. Former FCC rule requiring broadcasters to present controversial issues fairly.

No, repealed in 1987. FCC eliminated it citing First Amendment concerns and market solutions.

Schools can censor student newspapers. Schools have broader authority over student publications than government.

Regulates broadcasting, not print media. Limited to broadcast media due to spectrum scarcity rationale.

Actual malice. Higher legal standard protecting robust debate about public officials.

Government action preventing publication. Forbidden under First Amendment except in extraordinary circumstances.

Free expression allows truth to emerge. Competition between ideas leads to better understanding of truth.

Libel, obscenity, national security. Content-based restrictions requiring compelling government interest and narrow tailoring.