There is a strong constitutional case against prior restraint of the press.
Reporters have special privileges that protect them in some instances from having to reveal the names of their news sources. These privileges, however, are not absolute.
Reporters can cover matters that occur in open court with little fear of reprisal. Some pretrial proceedings can still be closed to the press.
All but two states now allow cameras in the courtroom on a permanent or experimental basis. Cameras and microphones are still barred from federal trial courts and from the Supreme Court.
Defamation can be either libel or slander. To prevail in a defamation suit, a public figure must show that the published material was false and harmful and that the media acted with actual malice when they published the information. A private citizen must also show that the material was false and harmful but only that the media acted with negligence.
Invasion of privacy can occur when the media intrude upon a person's solitude, release private information, create a false impression, or wrongfully appropriate a person's name or likeness.
Copyright law protects authors from unfair use of their work. There are instances, however, when portions of copyrighted material can be reproduced for legitimate purposes.
Online file-sharing systems have raised serious questions about copyrights in a digital medium.
Obscenity is not protected by the First Amendment. To be legally obscene, a work must appeal to prurient interests, depict or describe certain sexual conduct spelled out by state law, and lack serious literary, artistic, political, or scientific value.
Special laws and regulations apply to broadcasting. The FCC is charged with administering the rules and regulations that deal with cable, TV, and radio. The Telecommunications Act of 1996 had a major impact on the electronic media.
The FTC oversees advertising. Commercial speech has recently been given more First Amendment protection.
