Smith v. Daily Mail Publishing Co

Smith v. Daily Mail Publishing Co., 443 U.S. 97 (1979), involved the publication of the identity of a juvenile offender obtained by reporters lawfully monitoring a police scanner. The reporters were indicted under a statute, W.Va. Code 49-7-3 (1976), making it unlawful to knowingly publish the name of a juvenile involved in a juvenile court proceeding. The United States Supreme Court upheld the West Virginia Supreme Court decision prohibiting prosecution of the indictment on constitutional grounds. The Supreme Court expressly declared its holding a narrow one. Proclaiming that there was "no issue ... of unlawful press access to confidential judicial proceedings, and no issue ... of privacy or prejudicial pretrial publicity," id. at 105 , it declared that "at issue is simply the power of a state to punish the truthful publication of an alleged juvenile delinquent's name lawfully obtained by a newspaper." Id. at 105-06