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"The House Was Quiet And The World Was Calm The Reader Became The Book", Burt Neuborne
"The House Was Quiet And The World Was Calm The Reader Became The Book", Burt Neuborne
Vanderbilt Law Review
Professor Neuborne argues that we err in reading the Bill of Rights "in splendid isolation" as a randomly ordered set of clause-bound norms. Instead, he argues that the disciplined order and placement of the thirty-three ideas in the Bill of Rights, especially the six textual ideas united in the First Amendment, reveals a deep contextual structure imposed by the Founders that sheds important light on the meaning of the constitutional text. He argues that the "vertical" order of the first ten amendments, as well as the "horizontal" order of ideas within each amendment, provides important clues to a judge seeking …
The Right Of Access: Is There A Better Fit Than The First Amendment?, Amy Jordan
The Right Of Access: Is There A Better Fit Than The First Amendment?, Amy Jordan
Vanderbilt Law Review
James Madison once said, "a popular Government, without popular information, or a means of acquiring it, is but a Prologue to a Farce or Tragedy; or, perhaps both. Knowledge will forever govern ignorance: And a people who mean to be their own Governors, must arm themselves with the power which knowledge gives." For almost forty years, the Supreme Court has anchored the press's and public's right of access to government proceedings and information in the language of the First Amendment. Grounding the right of access in the language of the First Amendment is unsatisfactory not only because it goes beyond …