Explain what is meant by the first amendment of the U.S. Constitution

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    Explain what is meant by the first amendment of the U.S. Constitution.

        1. How does this impact the press? Does it give the press/media too much power? How does this impact trials and pretrial processes.

         2. Give a case summary outline(see below) of a constitutional first amendment case that has a major impact on the freedom of the press and explain its significance. You can find this via a TU Library search.

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    B. Give the case summary format below of Williams v. Florida 399 U.S. 78. What is its significance?

          1. FACTS: 2-3 sentences summarizing the important facts.

    2.ISSUE: Usually there is only one issue in a case. It generally asks a constitutional question or raises a constitutional issue and set out why a case is important.

    3.HOLDING: The holding generally answers the constitutional question raised or addresses the issue raised.

    4.REASONING: (The most difficult part of the brief.) Explain why the court held or decided the way it did. It should be approximately 4 sentences.

    5.CASE SIGNIFICANCE: 3+ sentences which will include the impact on law enforcement or corrections personnel.

    Assignment #5 Case Summary

     

    The 1st Amendment of the American Constitution

     

    The 1st Amendment is a law that the Congress passed on the 15th of December, 1791. It is a section of the Bill of Rights that is meant to protect the citizens’ most basic freedoms against an undue intrusion by the government. The 1st Amendment illegalizes the making of any law prohibits religious practices, the freedom of speech, press, or peaceful assembly. The Congress can also not petition the Federal Government seeking to have grievances redressed (Vile, 2010; Stephens & Scheb, 2011).

     

    The 1st Amendment and the Press

     

    The 1st Amendment has enabled the United States to become the champion of press freedom. In America, the press acts as a watchdog that monitors the government on behalf of the members of the public. Indeed, the media enjoys a privileged status in the United States. The only time when the freedom of the press is restricted is when it becomes obvious that the information being disseminated presents a clear danger to the society (Vile, 2010).

     

    The Case of Nebraska Press Association vs. Stuart

     

    Facts

     

    Stuart (the Respondent and a State District Judge) had entered an order that restrained the press from engaging in any publication relating to a case where six people had been murdered. Nebraska Press Association who was the Petitioner was seeking a review for the purpose of determining whether the Judge had abrogated press freedom (Finkelman, 2013).

     

    Issue

     

    The issue that was being presented with regard to this case was whether the press may be suppressed so as to safeguard the interests of the parties involved in continuing criminal investigations (Waldorm, 2012).

     

    Holding

     

    The Supreme Court overruled that decision arguing that the lower court could have sought alternative measures of safeguarding the integrity of the case. The Court established that the lower court had not sought to establish whether there were alternative measures which could have facilitated the achievement of the intended goal. The restraining order was invalidated on the basis of being extremely burdensome to the press. The Court also determined that jurisprudence has proved that pretrial publicities never intrude on the rights of having fair trials (Waldorm, 2012).

     

    Reasoning

     

    While there are circumstances when the suppression of the press is necessary, the lower court had not indicated that the criminal defendant would endure  While in some circumstances, it may be beneficial to suppress the press when it can be shown that a criminal defendant will endure prejudice of irreparable degree should the publication be allowed. The judge had not considered the protection of the press as it is guaranteed under the 1st Amendment (Burnette, 2011).

     

    Case Significant

     

    This case was significant since it affirmed the freedom of the press. Press freedom does extend to civil as well as criminal matters. Since the lower court failed to show the irreparable injury that the publication would have caused to the defendant, the prohibition was unconstitutional (Burnette, 2011).

     

     

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    References

     

    Burnette, O.L. (2011). Readings on the Development of the American Constitution.Bloomington, Indiana: Xlibris Corporation

     

    Finkelman, P. (2013). Encyclopedia of American Civil Liberties. London: Routledge

     

    Stephens, O. & Scheb, J. (2011). American Constitutional Law: Civil Rights and Liberties, Volume 2. Stamford, Connecticut: Cengage Learning

     

    Vile, J.R. (2010). A Companion to the United States Constitution and Its Amendments. Santa Barbara, California: ABC-CLIO

     

    Waldorm, E.K. (2012). Nebraska Press Association V. Stuart. Washington, D.C., United States:Psychopublishing

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