Smith v. Daily Mail Pub. Co. - 443 U.S. 97, 99 S. Ct. 2667 (1979)

Rule:

If a newspaper lawfully obtains truthful information about a matter of public significance then state officials may not constitutionally punish publication of the information, absent a need to further a state interest of the highest order.

Facts:

The Charleston Daily Mail and the Charleston Gazette, respondents here, published articles containing the name of a juvenile who had been arrested for allegedly killing another youth. Respondents learned of the event and the name of the alleged assailant by monitoring the police band radio frequency and by asking various eyewitnesses. Respondents were indicted for violating a West Virginia statute which makes it a crime for a newspaper to publish, without the written approval of the juvenile court, the name of any youth charged as a juvenile offender. The West Virginia Supreme Court of Appeals granted a writ of prohibition against petitioners, the prosecuting attorney and the Circuit Judges of Kanawha County, W. Va., holding that the statute on which the indictment was based violated the First and Fourteenth Amendments.

Issue:

Was the West Virginia law making it crime for newspaper to publish, without written approval of juvenile court, lawfully obtained, truthful information concerning name of youth charged as juvenile offender, violative of the First Amendment?

Answer:

Yes.

Conclusion:

The court affirmed the judgment that the statute violated the First Amendment, holding that the asserted state interest in protecting the anonymity of a juvenile offender could not justify the statute's imposition of criminal sanctions on the truthful publication of an alleged juvenile delinquent's name lawfully obtained by a newspaper. The court further held that even if the statute served a state interest of the highest order, it did not achieve its purpose because it did not restrict electronic media or other forms of publications, and there was no evidence that criminal penalties were necessary to achieve the purpose.