Malicious and Scandalous Newspapers

The fact that the liberty of the press may be abused by miscreant purveyors of scandal does not make any the less necessary the immunity of the press from previous restraint in dealing with official misconduct

Charles Evans Hughes

The Libel Of Public Officials

The First Amendment presupposes that right conclusions are more likely to be gathered out of a multitude of tongues, than through any kind of authoritative selection. To many this is, and always will be folly; but we have staked upon it our all

William Brennan

The Pentagon Papers

[W]hen everything is classified, then nothing is classified, and the system becomes one to be disregarded by the cynical or the careless, and to be manipulated by those intent on self-protection or self-promotion

Potter Stewart

The Rape Shield Law

The freedom of the press to publish [official court records] appears to us to be of critical importance to our type of government in which the citizenry is the final judge of the proper conduct of public business

Byron White

The Infliction Of Emotional Distress

The freedom to speak one's mind is not only an aspect of individual liberty - and thus a good unto itself - but also is essential to the common quest for truth and the vitality of society as a whole

William Rehnquist

The Right To Reply

A responsible press is undoubtedly a desirable goal, but press responsibility is not mandated by the Constitution and like many other virtues it cannot be legislated

Warren Burger

Protecting Confidential News Sources

The First Amendment does not reach so far as to override the interest of the public in ensuring that neither reporter nor source is invading the rights of other citizens through reprehensible conduct forbidden to all other persons

Byron White

The Fairness Doctrine

It is the right of the viewers and listeners, not the right of the broadcasters, which is paramount

Byron White

Pretrial Publicity

The requirement of a public trial is for the benefit of the accused; that the public may see he is fairly dealt with and not unjustly condemned, and that the presence of interested spectators may keep his triers keenly alive to a sense of their responsibility and to the importance of their functions

Potter Stewart

The Juvenile Shield Law

At issue is simply the power of a state to punish the truthful publication of an alleged juvenile delinquent's name lawfully obtained by a newspaper

Warren Burger

Gagging The Press

The authors of the Bill of Rights did not undertake to assign priorities between the First Amendment and Sixth Amendment rights, ranking one superior to the other

Warren Burger

Excluding The Press

A trial courtroom is a public place where the people generally - and representatives of the media - have a right to be present, and where their presence historically has been thought to enhance the integrity and quality of what takes place

Warren Burger

Searches and Seizures In Newsrooms

The general submission is that searches of newspaper offices for evidence of crime reasonably believed to be on the premises will seriously threaten the ability of the press to gather, analyze, and disseminate news

Byron White

X-Rated Cable Broadcasts

Patently offensive material from cable television stations can confront the citizen in the privacy of their home with little or no prior warning

Stephen Breyer

The U.S. Constitution

Bibliography

Index