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"Dancing In The Courthouse": The First Amendment Right Of Access Opens A New Round, Eugene Cerruti
"Dancing In The Courthouse": The First Amendment Right Of Access Opens A New Round, Eugene Cerruti
University of Richmond Law Review
Shortly after World War II, concern mounted over the government's ability and tendency to institutionalize secrecy in government. The initial concern was with the anti-communist sleuthing of various legislative bodies which dramatized the power of secretly held information to control the public agenda of both domestic and foreign policy debate. From this emerged the call for a more "open" government and the political claim that the electorate had a "right to know"' the information acquired and relied upon by government officials. For the press in particular, "access" increasingly became the watchword, the icon, of the new era. The mounting pressure …
Libel And Slander In Virginia, Thomas E. Spahn
Libel And Slander In Virginia, Thomas E. Spahn
University of Richmond Law Review
The law of libel and slander in Virginia is unsettled. Even defining the terms is difficult. While many states classify libel and slander as separate torts, in Virginia defamation encompasses them both. Moreover, there are two separate definitions of "defamation per se" in Virginia. There are also two types of "malice" which are applicable in defamation actions; and to make matters worse, one type of "malice" which actually is not malice at all is called "actual malice."
Problems In Defining The Institutional Status Of The Press, Andrew A. Jaxa-Debicki
Problems In Defining The Institutional Status Of The Press, Andrew A. Jaxa-Debicki
University of Richmond Law Review
This comment will deal with the concept of freedom of the press within the context of recent Supreme Court rulings which have directly or indirectly involved definitions of the role of the organized press in the governmental framework established by the Constitution. Specifically, the focus will be in the areas of the law dealing with defamation, testimonial privilege and the fair trial-free press controversy. The purpose will be to discern whether the Supreme Court is developing a concept of freedom of the press which is distinguishable from the general guarantee of freedom of speech and which derives its rationale from …
Constitutional Law-First Amendment-Newspaper Advertisement Of Abortion Referral Service Entitled To First Amendment Protection
University of Richmond Law Review
Controversies involving the first amendment rights of freedom of press and speech are not confined to reporters vowing to protect the identities of their sources against government prosecutors or committees attempting to identify them. An area of conflict of equal import is the degree of protection, if any, afforded commercial speech by the Constitution. In 1942, the Supreme Court in Valentine v. Chrestensen enunciated the commercial speech doctrine which has been used, despite subsequent criticism and attempts to limit the holding, to remove commercial adver- tisement from the ambit of constitutional protection.