Smith v. Daily Mail Publishing Co.

Media Items
Oral Argument
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Advocates
Cletus B. Hanley (Argued the cause for the petitioners)
Floyd Abrams (Argued the cause for the respondents)
Case Basics
Docket No.: 
78-482
Petitioner: 
Smith
Respondent: 
Daily Mail Publishing Co.
Decided By: 
Burger Court (1975-1981)
Opinion: 
443 U.S. 97 (1979)

Cite this page
The Oyez Project, Smith v. Daily Mail Publishing Co. , 443 U.S. 97 (1979)
available at: (http://oyez.org/cases/1970-1979/1978/1978_78_482)
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: 

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.

Decisions

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

Sort by Ideology

Wrote the majority opinion
Burger
Voted with the majority
Brennan
Voted with the majority
Stewart
Voted with the majority
White
Voted with the majority
Marshall
Voted with the majority
Blackmun
Did not participate
Powell
Wrote a special concurrence
Rehnquist
Voted with the majority
Stevens

Full Opinion by Justice Warren E. Burger