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The question before the court was whether the constitutional freedom of the press, guaranteed by the First Amendment, was subordinate to a claimed need of the executive branch of government to maintain the secrecy of information. The Supreme Court ruled that the First Amendment did protect the right of The New York Times to print the materials. [1]
The District Court, granting the Department's motion for summary judgment after an in camera review of the requested information, held that such information was exempted from FOIA's disclosure requirements by various FOIA provisions, including Exemption 7(C) (5 USCS 552(b)(7)(C)), which applies to investigatory records compiled for law enforcement purposes where production of such records ...
Near v. Minnesota, 283 U.S. 697 (1931), was a landmark decision of the US Supreme Court under which prior restraint on publication was found to violate freedom of the press as protected under the First Amendment.
Freedom of the Press: The First Amendment: Its Constitutional History and the Contemporary Debate (2008) Martin, Robert W.T. The Free and Open Press: The Founding of American Democratic Press Liberty, 1640–1800 (2012). Nelson, Harold Lewis, ed. Freedom of the Press from Hamilton to the Warren Court (Bobbs-Merrill Company, 1967) Powe, Lucas A.
In 2014, on the 50th anniversary of the ruling, The New York Times released an editorial in which it stated the background of the case, laid out the rationale for the Supreme Court decision, critically reflected on the state of freedom of the press 50 years after the ruling and compared the state of freedom of the press in the United States ...
Prior to the 1976 ruling by the Supreme Court, lower courts trying criminal cases across the United States initiated a practice of enjoining the press from reporting certain details in criminal cases that the courts had determined might interfere with a defendant's right to a fair trial by prejudicing potential (or actual) jurors; media ...
Gitlow v. New York, 268 U.S. 652 (1925), was a landmark decision of the United States Supreme Court holding that the Fourteenth Amendment to the United States Constitution had extended the First Amendment's provisions protecting freedom of speech and freedom of the press to apply to the governments of U.S. states.
This category includes court cases that deal with the Free Speech Clause of the First Amendment to the United States Constitution, providing that "Congress shall make no law . . . abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."