Parties: Pell v. Procunier
Date: 1974-06-24
Identifiers:
Opinions:
Segment Sets:
Paragraph: 16 - In No. 73—918, the media plaintiffs ask us to hold that the limitation on press interviews imposed by § 415.071 violates the freedom of the press guaranteed by the First and Fourteenth Amendments. They contend that, irrespective of what First Amendment liberties may or may not be retained by prison inmates, members of the press have a constitutional right to interview any inmate who is willing to speak with them, in the absence of an individualized determination that the particular interview might create a clear and present danger to prison security or to some other substantial interest served by the corrections system.
Notes:
Preferred Terms:
Phrase match: the freedom of the press guaranteed
Search time: 2017-10-13 13:47:37 Searcher: ars9ef Editor: ars9ef tcs9pk Segmenter: ars9ef tcs9pk
Paragraph: 21 - In Branzburg v. Hayes, 408 U.S. 665, 92 S.Ct. 2646, 33 L.Ed.2d 626 (1972), the Court went further and acknowledged that 'news gathering is not without its First Amendment protections,' id., at 707, 92 S.Ct., at 2670, for 'without some protection for seeking out the news, freedom of the press could be eviscerated, id., at 681, 92 S.Ct., at 2656. In Branzburg the Court held that the First and Fourteenth Amendments were not abridged by requiring reporters to disclose the identity of their confidential sources to a grand jury when that information was needed in the course of a good-faith criminal investigation. The Court there could 'perceive no basis for holding that the public interest in law enforcement and in ensuring effective grand jury proceedings (was) insufficient to override the consequential, but uncertain, burden on news gathering that is said to result from insisting that reporters, like other citizens, respond to relevant questions put to them in the course of a valid grand jury investigation or criminal trial,' id., at 690—691, 92 S.Ct., at 2661.
Notes:
Preferred Terms:
Phrase match: news, freedom of the press could
Search time: 2017-10-13 13:47:37 Searcher: ars9ef Editor: ars9ef tcs9pk Segmenter: ars9ef tcs9pk
Paragraph: 25 - For the reasons stated, we reverse the District Court's judgment that § 415.071 infringes the freedom of speech of the prison inmates and affirm its judgment that that regulation does not abridge the constitutional right of a free press.
Notes:
Preferred Terms:
Phrase match: the freedom of speech of the
Search time: 2017-10-13 13:47:37 Searcher: ars9ef Editor: ars9ef tcs9pk Segmenter: ars9ef tcs9pk
Paragraph: 37 - In Nos. 73—918 and 73—1265, the media claim that the state and federal prison regulations here, by flatly prohibiting interviews with inmates selected by the press, impinge upon the First Amendment's free press guarantee, directly protected against federal infringement and protected against state infringement by the Fourteenth Amendment. In rejecting the claim, the Court notes that the ban on access to prisoners applies as well to the general public, and it holds that N122* 'newsmen have no constitutional right of access to prisons or their inmates beyond that afforded the general public.'
Notes:
Preferred Terms:
Phrase match: constitutional right of access to prisons
Search time: 2018-03-15 12:38:56 Searcher: clm6u Editor: ars9ef Segmenter: ars9ef
Paragraph: 38 - In dealing with the free press guarantee, it is important to note that the interest it protects is not possessed by the media themselves. In enjoining enforcement of the federal regulation in No. 73—1265, Judge Gesell did not vindicate any right of the Washington Post, but rather the right of the people, the true sovereign under our constitutional scheme, to govern in an informed manner. N123* 'The press has a preferred position in our constitutional scheme, not to enable it to make money, not to set newsmen apart as a favored class, but to bring fulfillment to the public's right to know. The right to know is crucial to the governing powers of the people.'Branzburg v. Hayes, 408 U.S. 665, 721, 92 S.Ct. 2646, 2692, 33 L.Ed.2d 626 (Douglas, J., dissenting).
Notes:
Preferred Terms:
Phrase match: any right of the Washington Post
Search time: 2018-03-15 12:38:56 Searcher: clm6u Editor: ars9ef Segmenter: ars9ef
Paragraph: 40 - As with the prisoners' free speech claim, no one asserts that the free press right is such that the authorities are powerless to impose reasonable regulations as to the time, place, and manner of interviews to effectuate prison discipline and order. The only issue here is whether the complete ban on interviews with inmates selected by the press goes beyond what is necessary for the protection of these interests and infringes upon our cherished right of a free press.
Notes:
Preferred Terms:
Phrase match: cherished right of a free press
Search time: 2018-03-15 12:38:56 Searcher: clm6u Editor: ars9ef Segmenter: ars9ef
Paragraph: 5 - In No. 73—754, the inmate plaintiffs claim that § 415.071, by prohibiting their participation in face-to-face communication with newsmen and other members of the general public, violates their right of free speech under the First and Fourteenth Amendments. Although the constitutional right of free speech has never been thought to embrace a right to require a journalist or any other citizen to listen to a person's views, let alone a right to require a publisher to publish those views in his newspaper, see Avins v. Rutgers, State University of New Jersey, 385 F.2d 151 (CA3 1967); Chicago Joint Board, Amal. Clothing Workers v. Chicago Tribune Co., 435 F.2d 470 (CA7 1970); Associates & Aldrich Co. v. Times Mirror Co., 440 F.2d 133 (CA9 1971), we proceed upon the hypothesis that under some circumstances the right of free speech includes a right to communicate a person's views to any willing listener, including a willing representative of the press for the purpose of publication by a willing publisher.
Notes:
Preferred Terms:
Phrase match: their right of free speech under
Search time: 2018-03-15 12:38:56 Searcher: clm6u Editor: ars9ef Segmenter: ars9ef
Paragraph: 20 - The constitutional guarantee of a free press 'assures the maintenance of our political system and an open society,' Time, Inc. v. Hill, 385 U.S. 374, 389, 87 S.Ct. 534, 543, 17 L.Ed.2d 456 (1967), and secures 'the paramount public interest in a free flow of information to the people concerning public officials,' Garrison v. Louisiana, 379 U.S. 64, 77, 85 S.Ct. 209, 217, 13 L.Ed.2d 125 (1964). See also New York Times Co. v. Sullivan, 376 U.S. 254, 84 S.Ct. 710, 11 L.Ed.2d 686 (1964). By the same token, "(a)ny system of prior restraints of expression comes to this Court bearing a heavy presumption against its constitutional validity." New York Times Co. v. United States, 403 U.S. 713, 714, 91 S.Ct. 2140, 2141, 29 L.Ed.2d 822 (1971); Organization for a Better Austin v. Keefe, 402 U.S. 415, 91 S.Ct. 1575, 29 L.Ed.2d 1 (1971); Bantam Books, Inc. v. Sullivan, 372 U.S. 58, 70, 83 S.Ct. 631, 639, 9 L.Ed.2d 574 (1963); Near v. Minnesota ex rel. Olson, 283 U.S. 697, 51 S.Ct. 625, 75 L.Ed. 1357 (1931). Correlatively, the First and Fourteenth Amendments also protect the right of the public to receive such information and ideas as are published.
Notes:
Preferred Terms:
Phrase match: the right of the public to
Search time: 2018-03-15 12:38:56 Searcher: clm6u Editor: ars9ef Segmenter: ars9ef
Paragraph: 23 - N124* 'It has generally been held that the First Amendment does not guarantee the press a constitutional right of special access to information not available to the public generally. . . . Despite the fact that news gathering may be hampered, the press is regularly excluded from grand jury proceedings, our own conferences, the meetings of other official bodies gathering in executive session, and the meetings of private organizations. Newsmen have no constitutional right of access to the scenes of crime or disaster when the general public is excluded.' Branzburg v. Hayes, supra, at 684—685, 92 S.Ct., at 2658. Similarly, newsmen have no constitutional right of access to prisons or their inmates beyond that afforded the general public.
Notes:
Preferred Terms:
Phrase match: constitutional right of special access to
Search time: 2018-03-15 12:38:56 Searcher: clm6u Editor: ars9ef Segmenter: ars9ef
Paragraph: 5 - N232* Although the constitutional right of free speech has never been thought to embrace a right to require a journalist or any other citizen to listen to a person's views, let alone a right to require a publisher to publish those views in his newspaper, see Avins v. Rutgers, State University of New Jersey, 385 F.2d 151 (CA3 1967); Chicago Joint Board, Amal. Clothing Workers v. Chicago Tribune Co., 435 F.2d 470 (CA7 1970); Associates & Aldrich Co. v. Times Mirror Co., 440 F.2d 133 (CA9 1971), we proceed upon the hypothesis that under some circumstances the right of free speech includes a right to communicate a person's views to any willing listener, including a willing representative of the press for the purpose of publication by a willing publisher.
Notes:
Preferred Terms:
Phrase match: a right to require a publisher
Search time: 2018-01-12 14:48:12 Searcher: ars9ef Editor: ars9ef tcs9pk Segmenter: ars9ef tcs9pk
Paragraph: 5 - Although the constitutional right of free speech has never been thought to embrace a right to require a journalist or any other citizen to listen to a person's views, let alone a right to require a publisher to publish those views in his newspaper, see Avins v. Rutgers, State University of New Jersey, 385 F.2d 151 (CA3 1967); Chicago Joint Board, Amal. Clothing Workers v. Chicago Tribune Co., 435 F.2d 470 (CA7 1970); Associates & Aldrich Co. v. Times Mirror Co., 440 F.2d 133 (CA9 1971), we proceed upon the hypothesis that under some circumstances the right of free speech includes a right to communicate a person's views to any willing listener, including a willing representative of the press for the purpose of publication by a willing publisher.
Notes:
Preferred Terms:
Phrase match: of free speech has never been
Search time: 2017-11-10 14:59:38 Searcher: clm6u Editor: ars9ef tcs9pk Segmenter: ars9ef tcs9pk
Paragraph: 21 - In Branzburg the Court held that the First and Fourteenth Amendments were not abridged by requiring reporters to disclose the identity of their confidential sources to a grand jury when that information was needed in the course of a good-faith criminal investigation.
Notes:
Preferred Terms:
Phrase match: Amendments were not abridged by requiring reporters to
Search time: 2018-03-15 11:58:04 Searcher: clm6u Editor: tcs9pk Segmenter: tcs9pk
Paragraph: 9 - One such alternative available to California prison inmates is communication by mail. Although prison regulations, until recently, called for the censorship of statements, inter alia, that 'unduly complain' or 'magnify grievances,' that express 'inflammatory political, racial, religious or other views,' or that were deemed 'defamatory' or 'otherwise inappropriate,' we recently held that 'the Department's regulations authorized censorship of prisoner mail far broader than any legitimate interest of penal administration demands,' and accordingly affirmed a district court judgment invalidating the regulations. Procunier v. Martinez, 416 U.S. 396, 416, 94 S.Ct. 1800, 1813, 40 L.Ed.2d 224 (1974). In addition, we held that '(t)he interests of prisoners and their correspondents in uncensored communication by letter, grounded as it is in the First Amendment, is plainly a 'liberty' interest within the meaning of the Fourteenth Amendment even though qualified of necessity by the circumstance of imprisonment.'
Notes:
Preferred Terms:
Phrase match: called for the censorship of statements, inter
Search time: 2018-03-29 14:11:32 Searcher: clm6u Editor: ars9ef tcs9pk Segmenter: ars9ef tcs9pk
Paragraph: 21 - In Branzburg v. Hayes, 408 U.S. 665, 92 S.Ct. 2646, 33 L.Ed.2d 626 (1972), the Court went further and acknowledged that N3* 'news gathering is not without its First Amendment protections,' id., at 707, 92 S.Ct., at 2670, for N4* 'without some protection for seeking out the news, freedom of the press could be eviscerated, id., at 681, 92 S.Ct., at 2656. In Branzburg the Court held that the First and Fourteenth Amendments were not abridged by requiring reporters to disclose the identity of their confidential sources to a grand jury when that information was needed in the course of a good-faith criminal investigation.
Notes:
Preferred Terms:
Phrase match: and Fourteenth Amendments were not abridged by requiring reporters
Search time: 2018-03-15 11:53:17 Searcher: clm6u Editor: ars9ef Segmenter: ars9ef