The Supreme CourtThree Decisions You Need to Know: In Near v. Minnesota, the court said that a state law enjoining a newspaper from publishing amounted to unconstitutional prior restraint, and affirmed that only a "clear and present danger" can justify overriding freedom of the press. In New York Times v. Sullivan, the court found that elected officials cannot win libel cases unless they prove“actual malice” — knowledge that the statement was false and a decision to print it anyway. In later rulings, the standard was extended to public figures and, in certain cases, limited public figures. In Branzburg v. Hayes, the court held that compelling reporters to appear before a grand jury does not infringe upon the First Amendment, so long as the prosecuting attorney is conducting a good faith investigation and not simply harassing a reporter. A Decision You Should Be Familiar With: In New York Times v. United States, the court said that President Nixon had not met the "clear and present danger" standard established in Near v. Minnesota and could not lawfully prevent the publication of the so-called Pentagon Papers. |