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LSU Master's Theses

Theses/Dissertations

Free speech

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Ncaa Student-Athletes And Defamation: Understanding Plaintiff Classification And First Amendment Protection, Lacey Elizabeth Sanchez Jan 2017

Ncaa Student-Athletes And Defamation: Understanding Plaintiff Classification And First Amendment Protection, Lacey Elizabeth Sanchez

LSU Master's Theses

The National Collegiate Athletic Association is a $871.6 million industry. Well over $700 million of this annual income is generated from the media, giving collegiate athletics a national platform. This brings both opportunities and downfalls to amateur athletes who play NCAA sports and the journalists who report on their sporting events. Conflict often arises on the playing field and can continue off the field. With high profile athletic events aired nation-wide, comments are bound to be made about the athletes involved in the game. Some comments may even rise to the level of defamation. Through an in-depth examination of published …


Speak, And Speak Immediately : The Risen Subpoena, The Executive Branch, And The Reporter's Privilege, Matthew Schafer Jan 2013

Speak, And Speak Immediately : The Risen Subpoena, The Executive Branch, And The Reporter's Privilege, Matthew Schafer

LSU Master's Theses

In 1972, Branzburg v. Hayes required the Supreme Court to consider whether the First Amendment to the United States Constitution conferred on journalists a right to quash grand jury subpoenas issued by the government. The Court held in a five-to-four opinion that it did not. Yet, in 2011, a federal district judge found that James Risen, a New York Times reporter, had a First Amendment reporter’s privilege that protected him from having to reveal his source for a book chapter about a secretive CIA operation. This judge is not alone in finding such a privilege in spite of Branzburg; indeed, …


The Catalyst To Harm Standard: Punishing Speech That Facilitates Harm, J. Colin Trisler Jan 2004

The Catalyst To Harm Standard: Punishing Speech That Facilitates Harm, J. Colin Trisler

LSU Master's Theses

The Catalyst to Harm Standard is a specific standard that sets forth step-by-step criteria for the courts to follow so that they can factually determine if the speech in question falls into the category of protected or unprotected speech. This Standard labels certain speech as “bad” not because of its ideological or social content, but because it is speech that is linked to a definitive social harm that the legislature has the constitutional authority to prevent or punish. This Standard uses three criteria to determine the liability of speech that has allegedly caused harm. In order to meet these requirements, …