Freedom of the Press Cases
Associated Press v. National Labor Relations Board (1937) upheld the
application of a labor law to the Associated Press, saying press had no
special exemption from such laws.
Associated Press v. United States (1945) upheld an injunction against The
Associated Press for violating anti-trust laws, saying the anti-trust law
promoted the First Amendment.
Barber v. Time (Mo. 1942) ruled that press freedom and individual privacy
are not absolute rights and must be balanced. Courts must consider the
“proper public interest.”
In Bartnicki v. Vopper (2001), the Supreme Court found that the First
Amendment protects speech that discloses the contents of an illegally
intercepted communication.
Bridges v. California (1941) used the First Amendment to overturn contempt
convictions against a newspaper and an individual who had criticized
judicial proceedings.
In Craig v. Harney (1947), the Court overturned contempt of court
convictions against three Texas Journalist on grounds of First Amendment
free speech and press.
DOJ v. Reporters Comm. for Free Press (1989) reiterated that the First
Amendment does not give the press special access to information not
available to the general public.
Department of Air Force v. Rose (1976) looked at privacy rights in
interpreting the FOIA to require disclosure of summaries of ethics hearings
at the Air Force Academy.
In Florida Star v. B.J.F. (1989), the Supreme Court said the First
Amendment stopped a newspaper from being held liable for publishing a rape
victim’s name.
In Food Lion, Inc. v. Capital Cities/ABC, Inc. the U.S. Court of Appeals for the 4th Circuit ruled that two undercover journalists who lied to obtain jobs at Food Lion and then videotaped unsafe food handling practices could be held liable for violating their duty of loyalty to their employer and for trespass but could
In Gitlow v. New York, the Court applied free speech and press protection
to the states through the due process clause of the the Fourteenth
Amendment.
In Grosjean v. American Press Co. (1936), the Supreme Court invalidated a
law that imposed a tax on the gross receipts of newspapers with larger
circulations.
Hartzel v. United States (1944) overturned a conviction under the Espionage
Act of 1917, shifting toward tolerance of First Amendment speech
criticizing the war.
Landmark Communications Inc. v. Virginia (1978) said punishing the press
for divulging information from a judicial commission violated the First
Amendment freedom of the press.
Lowe v. SEC (1985) ruled that under the First Amendment, the Securities and
Exchange Commission could not prevent a financial manager from publishing
an investment newsletter.
Mabee v. White Plains Publishing Co. (1946) emphasized that First Amendment
protections for freedom of the press do not exempt them from general
governmental business regulations.
Masses Publishing Co. v. Patten (S.D.N.Y. 1917) stands as testament to
Judge Learned Hand’s attempt to maintain First Amendment freedoms during
World War I.
In Mills v. Alabama (1966), the Court concluded that a state law placing
criminal liability on an election day newspaper editorial violated the
First Amendment.
Missouri v. Biden involved a claim by the states of Missouri and Louisiana and several social media users that federal government officials compelled social media companies to remove certain content and to refuse to post other content because the government did not like the viewpoints or messages of that speech. The federal government officials contended that
Near v. Minnesota (1931) fashioned the First Amendment doctrine opposing
prior restraint and reaffirmed that the incorporation of the First
Amendment.
In Nebraska Press Association v. Stuart (1976), the Court ruled that a gag
order prior to jury impanelment violated the First Amendment right of
freedom of the press.
New York Times Co. v. United States (1971), also called the “Pentagon
Papers” case, defended the First Amendment right of free press against
prior restraint by the government.
Oklahoma Press Publishing Co. v. Walling (1946) said a wage-hour
administrator could issue a subpoena to a newspaper without violating the
First Amendment.
Organization for a Better Austin v. Keefe (1971) held that those seeking a
prior restraint on expression carry a heavy burden to show justification
for the restraint.
Patterson v. Colorado (1907), which upheld a contempt citation against a
paper that criticized a state supreme court, has been superseded by new
First Amendment interpretations.
Pennekamp v. Florida (1946) overturned a contempt citation issued to an
editor of the Miami Herald. The Court found that the contempt citation
violated the First Amendment.
When Sports Illustrated ran afoul of a counterfeiting law, Regan v. Time,
Inc. (1984) said the law was not a reasonable restriction on speech and
violated the First Amendment.
Schaefer v. United States (1920), which upheld convictions for reports
hindering the war effort, was representative of setbacks to First Amendment
freedoms during World War I.
Seattle Times v. Rhinehart (1984) said that an order prohibiting a
newspaper from publishing material it received during a lawsuit discovery
did not violate the First Amendment.
Smith v. Daily Mail Publishing (1979) said a West Virginia law that
criminalized the publication of a juvenile offender’s name violated the
First Amendment.
State v. McKee (Conn. 1900) offered an early look at how state courts
viewed freedom of the press before the Supreme Court applied First
Amendment protections to the states.
The First Amendment case Swearingen v. United States (1896) overturned the
conviction of a newspaper publisher who mailed a newspaper with an
allegedly obscene article.
Toledo Newspaper Co. v. United States (1918), which upheld a contempt
citation a judge had issued to a newspaper, reflected early views on First
Amendment freedom of the press.
Milwaukee Social Democratic Publishing Co. v. Burleson (1921) denied
mailing privileges to a socialist newspaper. Dissenters said the decision
violated the First Amendment.
United States v. Morison (4th Cir. 1988) upheld the conviction of a Navy
employee who had leaked top secret photos. Judges ruled the leak was not
protected by the First Amendment.
United States v. Progressive Inc. (W.D. Wis. 1979), which dealt with the
First Amendment, is one of the few times the American press has been
restrained from publishing.
Zurcher v. Stanford Daily (1978) held that the First Amendment’s freedom of
the press does not bar the execution of a probable cause search warrant
against the press.
