PRIOR RESTRAINT--THE GOVERNMENT'S RIGHT TO KEEP SECRETS IF THE DISCLOSURE WOULD BE HARMFUL TO THE PUBLIC INTEREST [STOP PUBLICATION]

V.

THE PUBLIC'S RIGHT TO KNOW [PUBLISH, THEN TAKE THE CONSEQUENCES]

SEE BLACKSTONE, P. 92

CASES:

1. NEAR V. MINNESOTA (1931)

MN LAW: publishing a "malicious, scandalous, and defamatory newspaper, magazine or other periodical" is a nuisance and can be enjoined.

to enjoin: to forbid to do, or to continue to do, some act

*irreparable injury

*the interest threatened is more fundamental than freedom of speech

SEE P. 93, PRIOR RESTRAINT IS JUSTIFIED--

*

*

*

 

2. NEW YORK TIMES V. UNITED STATES (1971) --PENTAGON PAPERS

COMPARE/CONTRAST: WIKILEAKS

3. UNITED STATES V. THE PROGRESSIVE (D. WIS. 1979)

pp. 101-102

4. UNITED STATES V. MARCHETTI (4TH CIR. 1972)

5. SNEPP V. UNITED STATES (1980)

Compare and contrast: ATTORNEY GENERAL V. GUARDIAN NEWSPAPERS (H.L. 1990)

6. The Valarie Plame Memoir

* * * * *

7. ALEXANDER V. UNITED STATES-- RICO--pattern of racketeering--2+ times over a 10 year period)

*up to 20 yrs/$250,000

*forfeiture of the proceeds of the racketeering activity

pp. 96-97