Chapter 6 Sec. 4 Questions

Study questions for Chapter 6 Section 4

1) What is prior restraint?

-Prior restraint is the restriction/censorship of information before it is published/available to the public. This is practiced by most governments to differing levels.

2) Discuss the importance of the Pentagon Papers in relation to the Freedom of the Press.

-The Pentagon Papers were a series of paper detailing American involvement in Vietnam. They were released without the governments permission. The Supreme Court ruled that is was within the newspaper’s rights to publish this governmental information because to do otherwise would be prior restraint. They also stated that the press was there to let secrets out and get government information to the people.

3) Discuss how the Freedom of the Press has been viewed in Public Schools?
            -Freedom of Press has had a very limited support in schools where school officials are allowed to censor school-sponsored activities and education.

4) Discuss the dilemma of Free Press and Fair Trials?

-Sometimes the two freedoms interfere with each other. Specifically the press can influence people to a certain position, making it hard to hold a fair court trial. Judges are pressed to ensure a fair trial to everyone by making sure the jury is not unduly influenced.

5) What is a gag order?

            -A gag order is an order issued by a judge prohibiting the release of certain information about a pending court case.  They were deemed an unfair prior restraint (illegal) by the Supreme Court.

6) Discuss the dilemmas involving the free press and protecting one's sources.

            -Reporters and New Papers often publish information that could be counted as harmful to an opposing party. Specifically government-harming releases are heavily questioned. Reporters believe they have the right to protect their sources by not revealing information to a court. This has been mainly shut down because the Courts ruled that it was in public (lawful) interest to reveal the sources to a court.

7) Why do radio and television not have the same freedoms as other segments of the press?

            -The development of radio/television was not foreseen by the writers of the Constitution and where therefore given less rights than specifically written information, as written information was the norm back then.

8) Why is government permitted to regulate some advertisements and not others?  

            -It is based mainly on the extent of the First Amendment. Advertisements are still subject to some regulations, but have been relaxed on others because it is seen as inhibiting companies right to the first Amendment.