Question

A newspaper obtains information that would, if published, reveal that the police were close to arresting the key members in a violent gang. what consideration would a judge use to decide how to balance freedom of the press with the public interest

Answer 1

The benefit to public safety of taking the gang off streets

Answer 2

Freedom of Speech is a right that is protected by the First Amendment, but it doesn’t protect all kinds of speech, The Supreme Court of US has decided that the First Amendment doesn’t protect speeches that call for imminent violent upon a person or a group.

The freedom of the press is the basis of democracy, it consists of the liberty of the press to publish materials and the absence of interference by the state.

Nevertheless, in this case, the judge must see the context of the speech. If the newspaper spreads information about members of the gang it might ruin the whole operation and also put the lives of many people in danger. Because of that, the judge will not completely remove the newspaper’s right of freedom of the press, but it will balance with the right of the citizens to be safe and will benefit the public’s safety.