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b) During the trial
As criminal cases require the presence of jury, the court usually prohibit the reporting which may influence the decision of jurors. Thus, when the case is being tried, only A factual account of the proceedings 18 allowed. Any unauthorised addition of personal opinions may be subject to prosecution.
c) After the trial
-
If the judge, in the interest of the Dartise to proceedings, prohibit the disclosure of the parties' names, addresses. etc. The disclosure of their indentity at any time by the mass media will be deemed an act of contempt of court and will be subject to prosecution.
Therefore, when we talk about freedom of the press, we have to consider the possible conflicts with the above-mentioned factors in order to fit in with the needs of society.
The Limit of Freedom of the Press
Where is the limit of freedom of the press?
6.1
6.2
A
It is generally accepted by American journalists that speech was something in between faith and action. Faith which is spiritual
is absolute and cannot be infringed
upon. Government cannot interfere a person's belief, nor can it intervene an individual's spiritual freedom by any means. Actions of any individuals, on the other hand, should not interfere other people's freedom. Any actions which beyond this limit should be restricted.
O
At present there are three kinds of arguments concerning the freedom of the press:
Preventive Argument
The legislature is responsible for confirming what kind opinion should be regarded
malicious
newspapers
opinion advocating
illegal.
of
For example, racial discrimination
cause
to
on
violent
or magazines are bound
If the legislature enacts laws to control and prevent it. it does not violate the spirit of press freedom.
resistance.
Argument of Clear and Present Danger
V.
U.S. Justice
In Schenck every case 18 whether the
Holmes wrote "The question in words used are used in such
circumstances and are of such A nature a6 to create a clear and present
that Congress has a right to
This points out that freedom of the press is Restriction may only be imposed on Opinion instigating riots
prevent"[2].
danger
not an absolute right.
•
•
it under appropriate conditions.
or destruction. for example, will create direct danger and should be prosecuted according
to the law,
[2] American case law: 249 U.S. at 52
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