Case Problems Involving the First Amendment - Essay Example

Running Head: Case Problems Involving the First Amendment Case Problems Involving the First AmendmentIn the first case, the court level and jurisdiction that the case would be filed would be in the Federal Court. This is because anything involving the FBI concerning Security is a nationwide importance and if the report was to be released it would affect the whole nation. District courts are mostly used to settle civil cases that involve locals of the district.The basic law that gives the judge the authority in this case to issue a restraining order is the freedom of Information act, which was signed into law on July, 4 1966 by President Lyndon Johnson.

The law gives the United Striates Government the right to release information or refuse to release and grants nine exemptions, which can be applied to stop disclosure of sensitive information (Russomanno 147).When stopping the publication the judge may use the theory of interpretation of the first Amendment Act on the Freedom of speech that deals with content regulation. This states that the government has the right to bar any publisher publishing information that may be viewed as threatening national security.

In an example the case of Miami Herald Publishing Co. v. Tornillo, the court found that at times it is important for the federal government to bar release of information that may threaten the national security.When the judge is making the ruling on this case there are several things, he will have to put into consideration. The first one is the perceived effect on national security the release of the report would have and the other is the right of the press to publish information. He will look to see if the press freedom being infringed and if so will allow the information be published.

On the other hand, if the information is proven vital and threatening national security he will bar it from being published.Works citedRussomanno, Joseph. Defending the First: commentary on the First Amendment issues and cases. New York: Routledge, 2005. Print