Alien and Sedition Acts of 1798

What are they?

The Alien and Sedition Acts made it illegal for anyone to say anything “false, scandalous, [disgraceful] and malicious [spiteful]”regarding the government or government officials.

Near v. Minnesota• In 1925, legislators from Duluth, Minnesota managed to get a bill through the legislature called the Public Nuisance Law of 1925; it was referred to as the "gag law.“• What was it? It gave the right to

states to stifle libelous and scandalous and newspapers.

•Guilford and The Reporter: Jay M. Near is hired•The state legislature passed a law allowing the shutdown of a “defamatory” newspaper called the Saturday Press• The U.S. Supreme Court ruled this law to be unconstitutional and stated that even when the right was exploited, the press had “immunity from any prior restraint”

New York Times v. Sullivan

An ad appeared in the New York Times alleging that the arrest of Martin Luther King Jr. for perjury was part of campaign that was trying to destroy King’s efforts to integrate society

L.B. Sullivan, from Montgomery, filed accused the New York Times and four African American clergymen (who supposedly approved the ad) for libel

Some of the statements in the ad were false, and state officials were sued and accused with libel

Court Ruling: in order for a statement to be libelous, a false statement regarding a public official “must reflect actual malice” Meaning: For a statement to be considered

libelous, someone MUST prove that the statement was made “with knowledge that is was false or with reckless disregard of whether it was false or not

Branzburg v. Hayes•Paul Branzburg: reporter of the Louisville Courier-Journal• He included a story in which he

had interviewed people that were involved in manufacturing hashish and consequently, marijuana

•He was later subpoenaed to appear before a grand jury and was ordered to testify (give evidence) of his knowledge regarding the manufacture hashish

•Though he appeared in court, he REFUSED to give the identities of those he interviewed•He even refused to obey the order issued by Kentucky Court Judge – respondent was John J. Hayes•Does it violate the first amendment for reporters to be forced to disclose their information to a grand jury?•Court Ruling: No; it is legal to force an “average citizen” to disclose the information gathered when summoned to appear in court