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The Right To Scrutinize Government: Toward A First Amendment Theory Of Accountability, Anthony Lewis
The Right To Scrutinize Government: Toward A First Amendment Theory Of Accountability, Anthony Lewis
University of Miami Law Review
The speaker eschews the view that the press enjoys a "preferred position" under the first amendment and aligns his beliefs with the view of Alexander Meiklejohn-an informed public is necessary for the success of a self-governing democracy. Mr. Lewis analyzes case law and concludes that the Court should cautiously "develop the principle of public accountability as a fundamental premise of the first amendment," guaranteeing a limited right of acquiring information to scrutinize government.
In Search Of Premises, Irving Younger
In Search Of Premises, Irving Younger
University of Miami Law Review
No abstract provided.
Commentary: The Limited Utility Of The First Amendment As A Means Of Securing Access By The Press And The Public To Proceedings In Criminal Cases, Edward L. Barrett Jr.
Commentary: The Limited Utility Of The First Amendment As A Means Of Securing Access By The Press And The Public To Proceedings In Criminal Cases, Edward L. Barrett Jr.
University of Miami Law Review
The author examines the models proposed in Gannett Co. v. DePasquale to provide constitutional protection of a public interest in access to judicial proceedings without impairing the interest of the defendant in a fair trial. Whether based on the first amendment or the sixth amendment, a constitutional approach requiring an immediate and delicate balancing of those interests by the trial court would be, in the author's view, unsatisfactory and unworkable. In the alternative, he suggests that legislative rather than judicial balancing may provide a more practical solution.
Press Rights And Government Power To Structure The Press, C. Edwin Baker
Press Rights And Government Power To Structure The Press, C. Edwin Baker
University of Miami Law Review
First, Professor Baker explores an instrumentalist argument for special press rights going beyond those protected by a liberty theory of freedom of speech. Then, in Part II, he examines the threats of -government power and private economic power to freedom of the "press" and considers the permissible extent of government intervention to structure the press or to protect it from private threats.
Note: Richmond Newspapers, Inc. V. Virginia: A Demarcation Of Access, Dennis Scholl
Note: Richmond Newspapers, Inc. V. Virginia: A Demarcation Of Access, Dennis Scholl
University of Miami Law Review
Several months after this symposium, the Supreme Court announced its decision in Richmond Newspapers, Inc. v. Virginia, holding that the Constitution implicitly guarantees the right of the public to attend a criminal trial, which a court must keep open to the public, absent an express finding of an overriding interest. This note explores the numerous opinions in Richmond Newspapers to determine whether that case has expanded access rights since the recent decision in Gannett Co. v. DePasquale. The author reconciles the two decisions and concludes that the issues raised in the symposium remain vital.
The First Amendment And The Press, Irwin P. Stotzky
The First Amendment And The Press, Irwin P. Stotzky
University of Miami Law Review
No abstract provided.