Display Mode
Dark
Dark
Light
Light
Theme Cover
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Search History
No search history
Copied to clipboard
StarredCase saved
Oh No!
Copied to clipboard
StarredCase saved
Oh No!
Media
Term
Opinion Writer
Direction
Field

Smith, Judge, Et Al. v. Daily Mail Publishing Co. Et Al.

• 1978 • 443 U.S. 97 • Burger Court
The U.S. Supreme Court case Smith, Judge, et al. v. Daily Mail Publishing Co., et al., 1978 dealt with the issue of freedom of press versus privacy rights in juvenile proceedings. The dispute arose when two West Virginia newspapers published the name of a 14-year-old boy charged with murder without obtaining court permission as required by state law at that time. The newspapers were subsequently indicted for violating this statute but challenged its constitutionality under the First and...Open Case
Score:
Copyright © 2026Etalia.ai All Rights Reserved
  • Blog
  • •
  • Privacy
  • •
  • Terms
1 results found
Become a Sponsor
Support Us
Feedback: We can do better!

Your feedback is extremely important to us and greatly appreciated.
Tell us what went wrong

Copied to clipboard
StarredCase saved
Oh No!
Chief Burger Court
Term: 1978
Docket: 78-482
443 U.S. 97
99 S. Ct. 2667
61 L. Ed. 2d 399
1979 U.S. LEXIS 139
Argued: Mar 20, 1979

Smith, Judge, Et Al. v. Daily Mail Publishing Co. Et Al.

  • Pro
  • Pro
Go Pro!orto acess these features and extra content.

Opinion Summary
AI Abstract

The U.S. Supreme Court case Smith, Judge, et al. v. Daily Mail Publishing Co., et al., 1978 dealt with the issue of freedom of press versus privacy rights in juvenile proceedings. The dispute arose when two West Virginia newspapers published the name of a 14-year-old boy charged with murder without obtaining court permission as required by state law at that time. The newspapers were subsequently indicted for violating this statute but challenged its constitutionality under the First and Fourteenth Amendments to the U.S Constitution which protect freedom of speech and press respectively. In a unanimous decision, the Supreme Court ruled in favor of Daily Mail Publishing Company stating that if a newspaper lawfully obtains truthful information about a matter of public significance then state officials may not constitutionally punish publication unless they can show that punishment is narrowly tailored to serve an overriding state interest.

Dissent Summary
AI Abstract

In the dissenting opinion for Smith, Judge, et al. v. Daily Mail Publishing Co., Justice Rehnquist disagreed with the majority's view that prior restraint was not necessary in this case. He argued that there were compelling state interests at stake which justified a limited form of prior restraint on media outlets to prevent them from publishing certain information about juvenile offenders before they had been formally charged. These interests included protecting minors involved in criminal proceedings and maintaining the integrity of those proceedings by preventing potential prejudice against defendants due to pretrial publicity. In his view, these concerns outweighed First Amendment rights in this specific context and thus he believed it would be appropriate for states to impose some restrictions on what could be published about juveniles accused of crimes.

Opinion written by Justice WEBurger
Decided: Jun 26, 1979
PDF viewer is not available.
Oral Transcript
Argued: Oct 05, 2026
Go Pro!orto acess these features and extra content.
Related Cases
AI Assist
Go Pro!orto acess these features and extra content.
PDF viewer is not available.
Oral Transcripts
Go Pro!orto acess these features and extra content.
Related Cases
Go Pro!orto acess these features and extra content.
Ask Etalia.ai
Go Pro!orto acess these features and extra content.
Audio of Oral Arguments
Free Trial!
Become a Sponsor

Support Us
Copyright © 2026Etalia.ai All Rights Reserved
  • Blog
  • •
  • Privacy
  • •
  • Terms