The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Tuesday, March 20, 1979
Decision: Tuesday, June 26, 1979
Issues: First Amendment, Miscellaneous

Advocates

Floyd Abrams (Argued the cause for the respondents)
Cletus B. Hanley (Argued the cause for the petitioners)

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.

Supreme Court Justice Opinions and Votes (by Seniority)

Sort by Ideology
(More information here)
Decision: 8 votes for Daily Mail Publishing Co., 0 vote(s) against
Legal Provision: Amendment 1: Speech, Press, and Assembly
Did not participate
Powell
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
Wrote a special concurrence
Rehnquist
Voted with the majority
Stevens
Full Opinion by Chief Justice Warren E. Burger

Cite this page

The Oyez Project, Smith v. Daily Mail Publishing Co., 443 U.S. 97 (1979),
available at: <http://www.oyez.org/cases/1970-1979/1978/1978_78_482/>
(last visited ).