The Landmark Press Opinions
A short list of Supreme Court opinions decides most press cases. These are the authoritative U.S. Reports texts. Read them for yourself.
Near v. Minnesota
The foundation of the rule against prior restraint. The Court struck down a state law used to padlock a newspaper as a "public nuisance," holding that stopping publication in advance is almost always unconstitutional.
New York Times Co. v. Sullivan
The actual-malice rule. A public official cannot recover for libel about his official conduct without proving the statement was made with knowledge of its falsity or reckless disregard for the truth.
New York Times Co. v. United States (the Pentagon Papers)
Prior restraint at its highest stakes. The government could not enjoin the New York Times and Washington Post from publishing a classified history of the Vietnam War; it failed to meet the heavy burden that any prior restraint carries.
Branzburg v. Hayes
The limit of reporter’s privilege. The First Amendment does not give a journalist the right to refuse to testify before a grand jury about confidential sources. Source protection comes from shield laws and Justice Department policy, not the Constitution.