Open Access. Powered by Scholars. Published by Universities.®
- Publication
- Publication Type
Articles 1 - 4 of 4
Full-Text Articles in First Amendment
Institutional Actors In New York Times Co. V. Sullivan, Paul Horwitz
Institutional Actors In New York Times Co. V. Sullivan, Paul Horwitz
Georgia Law Review
Like all major cases, New York Times Co. v. Sullivan, which has now reached its fiftieth anniversary, is capable of multiple readings. This is less true of Sullivan than of some other epochal cases, especially those cases that continue to have a powerful political valence. Brown v. Board of Education, in particular, which will mark its sixtieth anniversary this year, continues to provoke fierce debates about its meaning and, in a deeper sense, its ownership. Sullivan is unquestionably one of the most important decisions in First Amendment jurisprudence. It has certainly produced debate. But arguments about Sullivan generally focus on …
In New York Times Co. V. Sullivan, The Supreme Court Got It Right Then- And Now, David G. Savage
In New York Times Co. V. Sullivan, The Supreme Court Got It Right Then- And Now, David G. Savage
Georgia Law Review
On April 5, 1960, Ray Jenkins, a city editor for the Alabama Journal,the afternoon paper in Montgomery, was having lunch at his desk and skimming through the old papers that had piled up. They included a week-old copy of the New York Times. He spotted an item that had a local angle, and he wrote a thirteen-paragraph story for that day's paper. "Sixty prominent liberals, including [former First Lady] Eleanor Roosevelt, have signed a full page advertisement in the New York Times appealing for contributions to 'The Committee to Defend Martin Luther King and the Struggle for Freedom in the …
The Stealth Press Clause, Sonja R. West
The Stealth Press Clause, Sonja R. West
Scholarly Works
In this piece, however, I pause to push back on the conventional wisdom that the Court actually has refused to view the press as constitutionally special. Contrary to what we have been told, I contend the Supreme Court has indeed recognized the press as constitutionally unique from nonpress speakers. The justices have done so implicitly and often in dicta, but nonetheless they have continually and repeatedly treated the press differently. While rarely acknowledged explicitly, this "Stealth Press Clause" has been hard at work carving out special protections for the press,guiding the Court's analysis and offering valuable insights into how we …
Fast Forward Fifty Years: Protecting Uninhibited, Robust, And Wide-Open Debate After New York Times Co. V. Sullivan, Amy K. Sanders
Fast Forward Fifty Years: Protecting Uninhibited, Robust, And Wide-Open Debate After New York Times Co. V. Sullivan, Amy K. Sanders
Georgia Law Review
In September 2013, California Governor Jerry Brown signed into law SB 606, criminalizing attempts to photograph or videotape a child if the reason for doing so was because the child's parent is a celebrity or public official. Not surprisingly, the measure garnered significant support from Hollywood's elite, including legislative testimony from actress-moms Halle Berry and Jennifer Garner. Against the outcry of the California Broadcasters Association and the California Newspaper Publishers Association, the California Legislature approved the measure, which raises current penalties for first-time offenders to one year of incarceration and/or a $10,000 fine (up from a maximum of six months …