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The exception for child pornography is distinct from the obscenity exception in a few ways. First, the rule is much more specific to what falls under the exception. Second, it is irrelevant whether any part of the speech meets the Miller test; if it is classified under the child pornography exception at all, it becomes unprotected. [62]
The First Amendment did not excuse newspapers from the Sherman Antitrust Act. News, traded between states, counts as interstate commerce and is subject to the act. Freedom of the press from governmental interference under the First Amendment does not sanction repression of that freedom by private interests (326 U.S. 20 [clarification needed]).
The issue of a reporter's privilege came to the forefront of media attention in the 2005 case In re Miller, involving reporters Judith Miller and Matthew Cooper.Miller and Cooper were both served with grand jury subpoenas for testimony and information, including notes and documents pertaining to conversations with specific and all other official sources relating the Plame affair.
Branzburg v. Hayes, 408 U.S. 665 (1972), was a landmark decision of the US Supreme Court invalidating the use of the First Amendment as a defense for reporters summoned to testify before a grand jury.
Bartnicki v. Vopper, 532 U.S. 514 (2001), is a United States Supreme Court case relieving a media defendant of liability for broadcasting a taped conversation of a labor official talking to other union members about a teachers' strike.
The First Amendment to the U.S. Constitution, adopted in 1791, states: “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging ...
The Supreme Court on Monday appeared to have deep concerns of state laws enacted in Florida and Texas that would would prohibit social media platforms from throttling certain political viewpoints.
The Supreme Court decision in 1952 brought films under the free speech and free press provisions of the First Amendment, overturning the Mutual case that had stood as precedent to censor films since 1915. It is true that, because the decision said that films could still be censored under a narrowly drawn statute for obscenity, states and ...