New York Times Ruling Raises Serious First Amendment Concerns
The First Amendment is under enough pressure without this groundless undermining of crucial First Amendment protections.
January 09, 2022 at 10:00 AM
5 minute read
Communications and MediaThe Supreme Court's decisions in Near v. Minnesota (1931) and New York Times v. United States (the Pentagon Papers case in 1971) Bartnicki v. Vopper (2001), and other cases tell us that a prior restraint is an unconstitutional infringement of liberty and freedom of the press and that except in the most extreme case, the press cannot be restrained from reporting on materials legally obtained by the press (even if they were illegally taken by others).
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