Prior Restraint and Review

Opinions & Commentaries

A Minnesota statute passed in 1925 provided for the "abatement" of a "malicious, scandalous and defamatory newspaper, magazine or other periodical." Near v. State of Minnesota ex rel. Olson, 283 U.S. 697, 701-02 (1931). J.M. Near published a newspaper called The Saturday Press, which contained articles complaining of the mayor, district attorney, and chief of police, among others, and alleging a Jewish gambling conspiracy. As a result, the county attorney filed an action against the paper to prevent it from publishing any more issues. Near argued that the law violated the First and Fourteenth Amendments of the Constitution.

READ MORE


Petitioner challenges on constitutional grounds the validity on its face of that portion of § 155-4[1] of the Municipal Code of the City of Chicago which requires submission of all motion pictures for examination prior to their public exhibition. Petitioner is a New York corporation owning the exclusive right to publicly exhibit in Chicago the film known as "Don Juan." It applied for a permit, as Chicago's ordinance required, and tendered the license fee but refused to submit the film for examination. The appropriate city official refused to issue the permit and his order was made final on appeal to the Mayor. The sole ground for denial was petitioner's refusal to submit the film for examination as required. Petitioner then brought this suit seeking injunctive relief ordering the issuance of the permit without submission of the film and restraining the city officials from interfering with the exhibition of the picture. Its sole ground is that the provision of the ordinance requiring submission of the film constitutes, on its face, a prior restraint within the prohibition of the First and Fourteenth Amendments. The District Court dismissed the complaint on the grounds, inter alia, that neither a substantial federal question nor even a justiciable controversy was presented. 180 F. Supp. 843. The Court of Appeals affirmed, finding that the case presented merely an abstract question of law since neither the film nor evidence of its content was submitted. 272 F. 2d 90. The precise question at issue here never having *45 been specifically decided by this Court, we granted certiorari, 362 U. S. 917 (1960).

READ MORE


Four out-of-state distributors sued the Rhode Island Commission to Encourage Morality in Youth. The Commission would notify distributors which books the Commission deemed obscene and would recommend to law enforcement which distributors did not cooperate. The Supreme Court of Rhode Island declined to hold the law unconstitutional and stop its enforcement.

READ MORE


The Nixon administration attempted to stop The New York Times and Washington Post from publishing materials pertaining to a classified Defense Department report regarding United States action in Vietnam. The Supreme Court found that prior restraint was unjustified because publication would not cause immediate harm to American forces.

READ MORE


The Human Relations Ordinance of the City of Pittsburgh (the Ordinance) has been construed below by *378 the courts of Pennsylvania as forbidding newspapers to carry "help-wanted" advertisements in sex-designated columns except where the employer or advertiser is free to make hiring or employment referral decisions on the basis of sex. We are called upon to decide whether the Ordinance as so construed violates the freedoms of speech and of the press guaranteed by the First and Fourteenth Amendments. This issue is a sensitive one, and a full understanding of the context in which it arises is critical to its resolution.

READ MORE


The respondent State District Judge entered an order restraining the petitioners from publishing or broadcasting accounts of confessions or admissions made by the accused or facts "strongly implicative" of the accused in a widely reported murder of six persons. We granted certiorari to decide whether the entry of such an order on the showing made before the state court violated the constitutional guarantee of freedom of the press.

READ MORE


430 U.S. 308 (1977) OKLAHOMA PUBLISHING CO. v. DISTRICT COURT IN AND FOR OKLAHOMA COUNTY, OKLAHOMA, ET AL.   No. 76-867. Supreme Court of United States.   Decided March 7, 1977. ON PETITION FOR WRIT OF CERTIORARI TO THE SUPREME COURT OF OKLAHOMA.PER CURIAM. A pretrial order entered by the District Court of Oklahoma County… Read more

READ MORE


This case presents the issue whether parties to civil litigation have a First Amendment right to disseminate, in advance of trial, information gained through the pretrial discovery process.

READ MORE


We granted certiorari to decide whether petitioner has a First Amendment right of access to the transcript of a preliminary hearing growing out of a criminal prosecution.

READ MORE


[††]We have before us two decisions of the Indiana courts, involving the application of that State's Racketeer Influenced and Corrupt Organizations (RICO) and Civil Remedies for Racketeering Activity (CRRA) Acts to cases involving bookstores containing allegedly obscene materials.

READ MORE