In addition to prohibitions on prior restraints, it is well established that the First Amendment also prohibits subsequent punishment of the press for the publication of accurate information on a matter of public concern that was lawfully obtained.[129] In Landmark Communications, Inc. v. Virginia,[130] the U.S. Supreme Court held that subsequent criminal punishment can be just as dangerous to the news media’s ability to inform the public as prior restraints.[131] Accordingly, in general, journalists cannot be punished after the fact for their court coverage, and any statute that purports to do so is constitutionally suspect.
[129] See Landmark Commc’ns, Inc. v. Virginia, 435 U.S. 829, 839 (1978).
[130] See id.
[131] See id. at 841-42; see also Smith v. Daily Mail Publ’g Co., 443 U.S. 97, 100-06 (1979).
