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Theses/Dissertations

First Amendment

2013

Communication

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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 Corporation In The Marketplace Of Ideas: The Law And Economics Of Corporate Political Speech, Matthew W. Telleen Jan 2013

The Corporation In The Marketplace Of Ideas: The Law And Economics Of Corporate Political Speech, Matthew W. Telleen

Theses and Dissertations

In 2010, the Supreme Court decided Citizens United v. FEC, and raised the ire of commentators around the country. The President even criticized the ruling during the State of the Union Address. But corporate political speech has existed at various levels throughout history, and the debate is often clouded by complex balancing tests and convoluted reasoning. In this dissertation, the methodology of law and economics is utilized to analyze the value of corporate political speech to the marketplace of ideas. Chapter 1 introduces Tracing the history of Supreme Court decisions dealing with corporate political speech, variables can be isolated that …