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International Journal of Frontiers in Sociology, 2022, 4(7); doi: 10.25236/IJFS.2022.040715.

Historical and Ideological Interpretations of the U.S. Press Freedom Environment——An Analysis of Prior Restraints as a Case Study

Author(s)

Jinqi Guo

Corresponding Author:
Jinqi Guo
Affiliation(s)

Communication University of China, Beijing, China

Abstract

The First Amendment and Section 1 of the Fourteenth Amendment not only protect freedom of speech, but also provide institutional safeguards for freedom of speech and the press. In practical judicial application, courts have tended to protect a particular ideology regarding freedom of expression through the interpretation of the boundaries of the scope of the amendment's protection. This article hopes to discuss how the jurisprudential and ideological interpretations of these two amendments have been made in the U.S. judicial and public opinion environment, using Near v. Minnesota, 283U.S. 697 (1931) as an example.

Keywords

prior restraint, first amendment, fourteenth amendment, press liberty

Cite This Paper

Jinqi Guo. Historical and Ideological Interpretations of the U.S. Press Freedom Environment——An Analysis of Prior Restraints as a Case Study. International Journal of Frontiers in Sociology (2022), Vol. 4, Issue 7: 84-86. https://doi.org/10.25236/IJFS.2022.040715.

References

[1] Pittsburgh Press Co. v. Pittsburgh Commission on Human Relations, 413 U.S. 376, 390 (1973); see also Vance v. Universal Amusement Co., 445 U.S. 308, 315–316 (1980) (“the burden of supporting an injunction against a future exhibition [of allegedly obscene motion pictures] is even heavier than the burden of justifying the imposition of a criminal sanction for a past communication”).

[2] Redish, M. H. (1984). The Proper Role of the Prior Restraint Doctrine in First Amendment Theory. Virginia Law Review, 53-100.

[3] Bendor, A. L. (1999). Prior Restraint, Incommensurability, and the Constitutionalism of Means. Fordham L. Rev., 68, 289.

[4] Mayton, W. T. (1981). Toward a Theory of First Amendment Process: Injunctions of Speech Subsequent Punishment and the Costs of the Prior Restraint Doctrine. Cornell L. Rev., 67, 245.

[5] Meyerson, M. I. (2000). Neglected History of the Prior Restraint Doctrine: Rediscovering the Link between the First Amendment and the Separation of Powers. Ind. L. Rev., 34, 295.

[6] Hunt, F. K. (1850). The fourth estate: Contributions towards a history of newspapers, and of the liberty of the press (Vol. 1). D. Bogue.

[7] Meyerson, M. I. (2000). Rewriting Near v. Minnesota: Creating a Complete Definition of Prior Restraint. Mercer L. Rev., 52, 1087.

[8] Murphy, P. L. (1981). Near v. Minnesota in the Context of Historical Developments. Minn. L. Rev., 66, 95.