SMITH v. DAILY MAIL PUBLISHING CO.

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Case Basics
Docket No. 
78-482
Petitioner 
Smith
Respondent 
Daily Mail Publishing Co.
Opinion 
Advocates
(Argued the cause for the petitioners)
(Argued the cause for the respondents)
Tags
Term:
Facts of the Case 

A West Virginia statute made it a crime for a newspaper to publish, without approval of juvenile court, the name of any youth charged as a juvenile offender.

Question 

Did the law violate the First and Fourteenth Amendments?

Conclusion 
Decision: 8 votes for Daily Mail Publishing Co., 0 vote(s) against
Legal provision: Amendment 1: Speech, Press, and Assembly

Yes. Chief Justice Burger reasoned that governmental attempts to restrict the publication of truthful information "seldom can satisfy constitutional standards." As long as the information is lawfully obtained, as it was in this case involving a shooting at a junior high school, the state cannot restrict a newspaper from publishing a juvenile offender's name unless the restriction serves a substantial state interest. No such interest was present in this case.

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SMITH v. DAILY MAIL PUBLISHING CO.. The Oyez Project at IIT Chicago-Kent College of Law. 23 November 2014. <http://www.oyez.org/cases/1970-1979/1978/1978_78_482>.
SMITH v. DAILY MAIL PUBLISHING CO., The Oyez Project at IIT Chicago-Kent College of Law, http://www.oyez.org/cases/1970-1979/1978/1978_78_482 (last visited November 23, 2014).
"SMITH v. DAILY MAIL PUBLISHING CO.," The Oyez Project at IIT Chicago-Kent College of Law, accessed November 23, 2014, http://www.oyez.org/cases/1970-1979/1978/1978_78_482.