JOURN 4000 1st Edition Lecture 10Outline of Last LectureI. TaxationII. Fighting wordsIII. Hate crimesOutline of Current LectureI. Irreparable harmII. Pentagon PapersCurrent LectureIrreparable harm (inury) completely stop activity, money doesn’t cover damages3 levels:1. TRO (Temporary restraining order a. Ex pate (one sided)b. Bond required in case other side needs to be compensated for judge’s mistake2. Preliminary injunction (2 sided)a. Bond required3. Permanent injunctiona. 2 sidedb. No bond-Comes from British law-Chancellor’s court-Wanted to go to King’s Court (jury) needed a writ needed to got to chancellor’s court to get writ-Writ could get you moneyThese notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.-Chancellor’s court money, injunction, anything judge thinks is necessary-Awards equity-Libel—> heavy presumption on prior restraint-Heavy burden of truthNear vs. Minnesota (1931)-1929 paper started by Near and partner-Partner shot-Thought local gangsters shot partner, didn’t think local police did anything-Published story that Jewish gangsters did it, police/prosecuting attorney knew-Prosecuting attorney used nuisance/abetment law“Paper is a nuisance, malicious, or inflammatory, it can be shut down”-Perpetual/permanent injunction from printing, fine, jail time-Appeal to US SC does this restraint of publication allowed by state comply with freedom of press? No-Prior restraint is something necessary: national security, obstruction of military recruitment, troop movements, obscenity, incitements to violent overthrow of government, added protection of fair trial-Must prove irreparable harm when you want prior restraintPentagon papers:-Papers leaked by Daniel Elsberg-History of involvement in Vietnam-Published in NY Times-John Mitchell attorney general of US-Tells Times to shut down b/c of “irreparable injury to US”-Murray Gurfein Federal judge in NY first day on the job-John Mitchell/Justice Department tell him to shut down NY Times or it will cause irreparable harm to defense interest of the US-Gurfein shuts down Times-Issued TRO-Gov. asked for prelim injunction-Freedom of press safety valve Gurfein said no to injunction-2nd Court of Appeals overturns Gurfein’s decision wanted more info -Washington Post publishes story-TRO against Washington Post-Judge denied prelim injunction-Goes to DC Circuit Court of Appeals-Should Post be shut down? Judge asks what is the secret that threatens national security-George Wilson reporter for Post-Attorneys for both side, Wilson, meet with judge-USA had broken code of North Vietnamese Navy secret according to gov.-Wilson said no, Congressional hearing made the secret public already during investigation of Gulf of Tonkin-Injunction not grantedJune 26- Supreme Court hears case-Per curium decision-Embarrassing information, not enough to shut down
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