3.02

First amendment freedoms

       Over the years the Supreme Court has seen many different cases regarding the first amendment and the rights that it holds. With freedom of press, expression and speech sometimes it get hard to know what gets protected and what is over the line.
      The court case I choose to do research on was New York Times Company v. United States, where newspapers companies (New York and Washington Post) tried to post papers called the “pentagon papers”, but they government tried to step in and use prior restraint against the papers being published. They claimed that if these papers were release it could “interfere with foreign policy and lead to war”. When the case was brought to the Supreme Court they agreed with the lower courts that the government did not have the right to interfere. There have been similar cases like these as Near v. Minnesota, Austin v.Keefe and Bantam Book, Inc. v. Sullivan.
       Overall I think we should be allowed to have the right of free of press because it is a form of expression. Depending on what the subject is I think the government should be able to step in, only if there is clear proof that what someone could be putting themselves or others in danger. If I was doing this I have no problem if someone tried to stop me if there is clear proof to the problem. If this right were to ever be taken away it would hurt journalists, reporters, bloggers or anyone who like to expression themselves.

 

http://scholar.google.com/scholar_case?case=17571244799664973711&hl=en&as_sdt=2&as_vis=1&oi=scholarr

http://www.ala.org/advocacy/intfreedom/censorshipfirstamendmentissues/courtcases

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