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Federal law requires that news agencies not publish or broadcast information that could threaten the security of the nation. However, the Constitution protects the right to free expression of ideas. Judges use past decisions on cases where the law and rights come into conflict to settle similar disputes.
A reporter for a national news program is accused of breaking the law. The reporter wrote an article that disapproves of a new federal policy. U.S. officials say the article is unfair and too negative. They say it could upset people and lead some to break laws in protest. The reporter says that news writers have the right to free expression under the Constitution. The reporter also says that the article does not promote unlawful action.

Is this a matter of constitutional, criminal, civil, or military law?

Is the source of the law a statute, regulation, case law, or a combination?

Determine the purpose of the law. Is the law intended to protect people's safety or people's rights? Use details from the lesson to support your answer. Write in complete sentences.

What could happen if the law did not exist? Use details from the lesson, including the impact on government officials, to support your answer. Write in complete sentences.

Respuesta :

According to the First Amendment of the United States Constitution, the press has the right to gather and publish information and/or opinions without fear of censorship or punishment from the government.

The "press" being defined as any printed and/or media broadcasted material including: books, magazines, newspapers, television, radio, film, etc.

If the reporter wrote an article that disapproves of a federal policy which some officials deem "too negative" and "could lead to some breaking laws in protest", one could cite the Supreme Court case of Near vs. Minnesota (1931) in which STATE law allowed for prior restraint on media publishing was found to be generally unconstitutional. This finding cited the First Amendment protected press freedom against the STATE.

One could also cite New York Times Company v. the United States (1971) in which the Supreme Court allowed the Washington Post and the New York Times newspapers to go forth with publishing the federal government classified "Pentagon Papers" which housed information about the Vietnam War. The Court cited the prior Near v. Minnesota case as precedence.

These were matters of Constitutional Law with the sources being (Near v. Minn) statute law and (NYTC v. US) case law.