Post-Wikileaks: The Law of Prior Restraint Transformed
News Media and the Law › Vol. 32 Nbr. 2, April 2008
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Summary
The Supreme Court, in its landmark Pentagon Papers decision, New York Times Co. v. United States, recognized that the First Amendment protects this editorial process; other decisions of the court have prohibited prior restraints in nearly every circumstance, even where national security may be at risk and the press' source is alleged to have obtained the information unlawfully. Future lawsuits challenging such Internet postings may narrowly redraw the contours of prior restraint law for the traditional media as they continue to exercise a rigorous editorial review process before publishing confidential information.
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Extract
Post-Wikileaks: The Law of Prior Restraint Transformed
If there was ever a period of innocence for prior restraints on information, that time has surely passed.
As U.S. District Court Judge Jeffrey C. White recently told a large gathering of lawyers and reporters in San Francisco during the ho...See the full content of this document
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