Teacher Guide: Prior Restraints—The Most Egregious Violation of First Amendment Rights
The most fundamental violation of freedom of the press is considered to be a prior restraint—an order issued by a court that prohibits the publication or broadcast of material that in some way is deemed especially harmful. Prior restraints have come up in many different contexts, including permits for demonstrations and ratings for movies. In this guide, however, we focus on two of the most important areas—where publication of information may endanger national security and where it may harm a defendant’s right to a fair trial under the Sixth Amendment.
Missouri State Official Can Block Users From Her Twitter Account, Eighth Circuit Rules
Not every “political” social media account run by a public official is a public forum, a three-judge panel for the United States Court of Appeals for the Eighth Circuit ruled on January 27th. The case involves a Missouri state legislator who was sued by her political opponent after she blocked him from her Twitter account.
Justice Department Asks SCOTUS To Vacate Knight v. Trump Ruling
A day before Joe Biden's inauguration, the Justice Department under Donald Trump made a last-minute effort to undo a major court decision related to public official's social media accounts.
Texas Supreme Court Says Defamation Suits Against Alex Jones Can Continue
On January 22nd, the Texas Supreme Court rejected conspiracy theorist Alex Jones’ request to toss four defamation lawsuits filed by parents whose children died in the 2012 mass shooting at Sandy Hook Elementary School. The suits claim that Jones' statements calling the mass shooting a “giant hoax,” and accusing the parents of faking their children’s death were defamatory and caused the families emotional distress.
Dominion Files $1.3 Billion Defamation Suit Against Rudy Guiliani
On January 25th, Dominion Voting System sued Donald Trump’s former attorney and former mayor of New York City Rudy Guiliani for defamation. The 107-page complaint filed in the United District Court for the District of Columbia accuses Guiliani of carrying out a “viral disinformation campaign” against the voting systems company, and having “deceived millions of people into believing that Dominion had stolen their votes and fixed the election.”
The Florida Supreme Court Just Made Accessing Court Records Much Easier
The state finally struck down a rule that media lawyers and court reporters say caused long delays in accessing court records. “It made me feel gratified and proud of the judicial system, because the justices value transparency and they took concrete steps to make sure Florida’s courts are open,” one lawyer told Courthouse News.
Newspapers Put Pressure on Rhode Island Governor To Resume COVID-19 Press Briefings
Since her nomination to then-President-Elect Joe Biden's Cabinet, Rhode Island Governor Gina Raimondo has stopped answering journalists' questions about the pandemic and vaccine distribution. According to The Providence Journal, Raimondo’s last weekly COVID-19 briefing was on December 22, 2020.
Journalistic Solutions to Misinformation and Restoring Public Trust in the News
Join us for a conversation on February 10th with Nora Benavidez on how journalists and readers can help slow the spread of misinformation and restore public trust in news. The Q&A is part of our #FAWPublicForum event series, a monthly conversation with First Amendment experts on contemporary free speech issues.