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Mel is an investigative reporter at the Washington Post who has spent months investigating and verifying rumors

about a cover-up of a US senator's criminal activity. The senator is a friend of the sitting president, and he asks
the paper to not publish the story. What part of the First Amendment does that violate?
intellectual property laws
symbolic free speech
O prior restraint
O public domain

User Oktapodi
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2 Answers

4 votes

Final answer:

The act of asking the Washington Post to not publish a story about a senator's criminal activity potentially violates the First Amendment's protection against Prior Restraint. Option c.

Step-by-step explanation:

The case described involves a potential violation of Prior Restraint, which is a constitutional doctrine that prevents the government from prohibiting speech or publication before the fact.

In the scenario given, if the reporter from the Washington Post were to be prevented from publishing a story about a US senator's criminal activity due to pressure from the government or other powerful individuals, it would constitute as a violation of the First Amendment's protection against Prior Restraint.

The landmark case Near v. Minnesota reaffirmed that the government cannot engage in prior restraint except under extremely rare circumstances, a standard that was reinforced in the Pentagon Papers case where the Supreme Court ruled that the federal government's desire to keep the Pentagon Papers classified was not sufficient to justify imposing prior restraints on the press.

The New York Times Co. v. Sullivan case also highlights the extent to which the First Amendment protects the press, allowing for free reporting on public officials as long as the statements are not made with actual malice.

While the right to freedom of expression is not absolute and does contain certain key restrictions, the protection of political speech, particularly that which relates to matters of public concern, is highly safeguarded under the First Amendment.

So Option c.

User JirkaV
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7.4k points
4 votes

Final answer:

The part of the First Amendment that is violated is prior restraint.


Step-by-step explanation:

The part of the First Amendment that is violated in this scenario is prior restraint. Prior restraint refers to the government's censorship or suppression of speech before it is published. By asking the newspaper not to publish the story about the senator's criminal activity, the sitting president is violating the principle of prior restraint, which protects the freedom of the press.


Learn more about prior restraint

User Wimpey
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8.3k points