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The Control Of Seditious Libel As A Basis For The Development Of The Law Of Obscenity, Ronald W. Eades
The Control Of Seditious Libel As A Basis For The Development Of The Law Of Obscenity, Ronald W. Eades
Akron Law Review
In the United States there are government controls of at least two types of press, seditious libel and obscenity. Even though the first amendment protects speech and press, libels against the government and obscenity have not been given free reign, and have been consistently controlled. Although the conflicts over seditious libel aided the development of current standards of freedom of the press, the controls of obscenity have not yet completed that development and are inconsistent with those first amendment standards.
The Right To Republish Libel: Neutral Reportage And The Reasonable Reader, David Mccraw
The Right To Republish Libel: Neutral Reportage And The Reasonable Reader, David Mccraw
Akron Law Review
This Article argues for a reconsideration and redefinition of the neutral reportage privilege. First, even if we accept Gertz's disapproval of newsworthiness as a criterion for First Amendment protection, a closer look at the neutral reportage privilege reveals that, contrary to what many courts and commentators have said, newsworthiness is not a necessary element of the privilege. Gertz is thus inapplicable. Second, the more serious problems with the neutral reportage privilege arise from its advocates' failure to define what constitutes "neutrality"-- in other words, to define what conduct by the reporter should legitimately give rise to immunity from libel actions.