Prosecuting the press: First amendment balancing and state statutes that punish publication of information of crimes and official misconduct

The press has been sued and prosecuted under state criminal statutes prohibiting the truthful publication of information. These cases have involved the truthful publication of information of sexual assault victims, juvenile offenders and public officials under confidential investigation, as well as grand jury information. The Supreme Court generally has provided relief to the press, but has eschewed finding specific statutes facially unconstitutional. Instead, the Court has used an ad hoc balancing approach and rendered fact‐specific holdings. The article concludes that categorical First Amendment protection for truthful information of alleged crimes and acts of official misconduct is an appropriate goal.