Mass Communication and Journalism: Media Law and Ethics - Prior Restraint and Censorship Near v Minnesota Pentagon Papers

What It Is

Prior Restraint is a constitutional doctrine that prohibits the government from issuing a court order to prevent the publication of information before it is published. A landmark example of prior restraint is the Pentagon Papers case (New York Times Co. v. United States, 1971), where the U.S. government attempted to stop the New York Times from publishing classified documents about the Vietnam War. This case matters for media analysis because it highlights the tension between national security and the First Amendment right to free speech.

Key Terms & Concepts

• Prior Restraint: A court order that prevents the publication of information before it is published.
  • Example: The Pentagon Papers case (New York Times Co. v. United States, 1971)
• Near v. Minnesota (1931): A Supreme Court case that established the doctrine of prior restraint.
• Free Press Clause: A provision of the First Amendment that protects the right to publish information.
• National Security: A justification for government actions that may infringe on individual rights.
• Prior Restraint Doctrine: A constitutional doctrine that prohibits the government from issuing a court order to prevent the publication of information before it is published.
• Pentagon Papers: Classified documents about the Vietnam War that were leaked to the press in 1971.
• New York Times Co. v. United States (1971): A Supreme Court case that upheld the right to publish the Pentagon Papers.
• John Mitchell: The U.S. Attorney General who attempted to stop the New York Times from publishing the Pentagon Papers.
• Justice Hugo Black: A Supreme Court Justice who wrote the majority opinion in the Pentagon Papers case.
• Freedom of the Press: The right to publish information without government interference.
• Prior Censorship: A term used to describe government actions that prevent the publication of information before it is published.
• Censorship: The suppression of information or ideas by the government or other authorities.
• Near v. Minnesota (1931): A Supreme Court case that established the doctrine of prior restraint.
• Justice William O. Douglas: A Supreme Court Justice who wrote a dissenting opinion in the Pentagon Papers case.

Common Misunderstandings

• Misunderstanding: Prior restraint is only used to prevent the publication of classified information.
• Correction: Prior restraint can be used to prevent the publication of any information that the government deems sensitive or threatening to national security.
• Misunderstanding: The Pentagon Papers case was a clear victory for the press and freedom of the press.
• Correction: While the Supreme Court ultimately upheld the right to publish the Pentagon Papers, the case was a close and contentious one, with some justices expressing concerns about the potential harm to national security.
• Misunderstanding: Prior restraint is only used in cases of national security.
• Correction: Prior restraint can be used in a wide range of cases, including libel, obscenity, and other types of sensitive information.

Quick Application / Identification

Scenario: A journalist is working on a story about a government contract that has been awarded to a company with ties to a government official. The government sends a letter to the journalist's editor, threatening to sue if the story is published. What is the likely issue at play here?

Answer: Prior restraint. Explanation: The government is attempting to prevent the publication of information before it is published, which is a classic example of prior restraint.

Scenario: A newspaper publishes a story about a government official's alleged misconduct. The official sues the newspaper for libel. What is the likely issue at play here?

Answer: Libel. Explanation: The official is suing the newspaper for publishing false information about them, which is a classic example of libel.

Scenario: A government agency attempts to stop a journalist from publishing a story about a government project that has been deemed sensitive. What is the likely issue at play here?

Answer: Prior restraint. Explanation: The government agency is attempting to prevent the publication of information before it is published, which is a classic example of prior restraint.

Last?Minute Revision

• Prior Restraint Doctrine: A constitutional doctrine that prohibits the government from issuing a court order to prevent the publication of information before it is published.
• Near v. Minnesota (1931): A Supreme Court case that established the doctrine of prior restraint.
• New York Times Co. v. United States (1971): A Supreme Court case that upheld the right to publish the Pentagon Papers.
• John Mitchell: The U.S. Attorney General who attempted to stop the New York Times from publishing the Pentagon Papers.
• Justice Hugo Black: A Supreme Court Justice who wrote the majority opinion in the Pentagon Papers case.
• Freedom of the Press: The right to publish information without government interference.
• Prior Censorship: A term used to describe government actions that prevent the publication of information before it is published.
• Censorship: The suppression of information or ideas by the government or other authorities.
• Justice William O. Douglas: A Supreme Court Justice who wrote a dissenting opinion in the Pentagon Papers case.
• Prior Restraint is not the same as prior censorship.
• The Pentagon Papers case was a landmark example of prior restraint.
• Prior restraint can be used in a wide range of cases.
• The First Amendment protects the right to publish information.
• National security is a justification for government actions that may infringe on individual rights.