All Flashcards
What is the government's power regarding freedom of the press?
The government's power to limit freedom of the press is heavily restricted, especially concerning prior restraint.
What role does the press play in a democracy?
The press acts as a 'watchdog' of the government, ensuring transparency and holding the government accountable.
What was the central issue in New York Times Co. v. United States (1971)?
Whether the government could prevent the NYT from publishing the Pentagon Papers based on national security concerns.
What was the Supreme Court's ruling in New York Times Co. v. United States (1971)?
The Court ruled against prior restraint, stating the government did not prove publication would cause direct and immediate danger.
What principle did New York Times Co. v. United States reinforce?
The principle of freedom of the press, particularly regarding national security issues and prior restraint.
What is the 'heavy presumption against prior restraint'?
The government faces a very high legal bar to clear before it can stop the press from publishing information.
What must the government show to prevent publication?
A compelling interest and that there is no alternative means to protect that interest.
What was the government's argument for prior restraint in the NYT case?
The government argued that publishing the Pentagon Papers violated the Espionage Act of 1917 and would harm national security.