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Articles 1 - 11 of 11

Full-Text Articles in First Amendment

Law School News: Logan Article Central To Scotus Dissent, Roger Williams University School Of Law Jul 2021

Law School News: Logan Article Central To Scotus Dissent, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Law School News: 'Law Isn't A Foreign Language Anymore' 11/24/2020, Michael M. Bowden Nov 2020

Law School News: 'Law Isn't A Foreign Language Anymore' 11/24/2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Law School News: Logan To Serve As Adviser On Restatement Third Of Torts 11-07-2019, Michael M. Bowden Nov 2019

Law School News: Logan To Serve As Adviser On Restatement Third Of Torts 11-07-2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Rwu First Amendment Blog: David Logan's Blog: Discovering Trump 06-22-2018, David A. Logan Jun 2018

Rwu First Amendment Blog: David Logan's Blog: Discovering Trump 06-22-2018, David A. Logan

Law School Blogs

No abstract provided.


Rwu First Amendment Blog: David Logan's Blog: Weather Forecast For March 25: Stormy On 60 Minutes? 03-18-2018, David A. Logan Mar 2018

Rwu First Amendment Blog: David Logan's Blog: Weather Forecast For March 25: Stormy On 60 Minutes? 03-18-2018, David A. Logan

Law School Blogs

No abstract provided.


Newsroom: Panel: The Press & The President 3-28-2017, Roger Williams University School Of Law Mar 2017

Newsroom: Panel: The Press & The President 3-28-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


The Dangers Of Press Clause Dicta, Ronnell Andersen Jones Apr 2014

The Dangers Of Press Clause Dicta, Ronnell Andersen Jones

Faculty Scholarship

The United States Supreme Court has engaged in an unusual pattern of excessive dicta in cases involving the press. Indeed, a close examination of such cases reveals that it is one of the most consistent, defining characteristics of the U.S. Supreme Court’s media law jurisprudence in the last half century. The Court’s opinions in cases involving the media, while almost uniformly reaching conclusions based on other grounds, regularly include language about the constitutional or democratic character, duty, value, or role of the press — language that could be, but ultimately is not, significant to the constitutional conclusion reached. Although scholars …


Rethinking Reporter's Privilege, Ronnell Andersen Jones May 2013

Rethinking Reporter's Privilege, Ronnell Andersen Jones

Michigan Law Review

Forty years ago, in Branzburg v. Hayes, the Supreme Court made its first and only inquiry into the constitutional protection of the relationship between a reporter and a confidential source. This case - decided at a moment in American history in which the role of an investigative press, and of information provided by confidential sources, was coming to the forefront of public consciousness in a new and significant way - produced a reporter-focused "privilege" that is now widely regarded to be both doctrinally questionable and deeply inconsistent in application. Although the post-Branzburg privilege has been recognized as flawed in a …


Two Wrongs Mock A Right: Overcoming The Cohen Maledicta That Bar First Amendment Protection For Newsgathering, Eric Easton Jan 1997

Two Wrongs Mock A Right: Overcoming The Cohen Maledicta That Bar First Amendment Protection For Newsgathering, Eric Easton

All Faculty Scholarship

In Cohen v. Cowles Media Co., Justice Byron R. White wrote that the First Amendment offers no protection from the enforcement of "generally applicable laws" against newsgatherers and that First Amendment protection applies only to information that has been "lawfully acquired." This Article shows that these doctrines are not only false, but have already done serious damage to First Amendment interests. It surveys lower court decisions from around the country to demonstrate the doctrines' pernicious influence, then it evaluates alternative solutions to the problem. The article concludes that the most effective, if least likely, solution would be a rule that …


The Big Chill: Third-Party Documents And The Reporter's Privilege, Bradley S. Miller Jan 1996

The Big Chill: Third-Party Documents And The Reporter's Privilege, Bradley S. Miller

University of Michigan Journal of Law Reform

In the wake of Philip Morris' multi-billion dollar libel suit against ABC, a Virginia court has sanctioned a new method of discovery that promises to have an unsettling impact on the reporter's privilege to protect confidential sources. In Philip Morris Cos. v. American Broadcasting Cos., the tobacco giant moved to compel disclosure of the identity of a former R.J. Reynolds manager who suggested on ABC's Day One news program that tobacco companies add nicotine to the cigarettes they manufacture. At the same time, Philip Morris issued subpoenas for the expense records of two ABC employees who wrote and produced …


Starting From Scratch: The First Amendment Reporter-Source Privilege And The Doctrine Of Incidental Restrictions, Marcus A. Asner May 1993

Starting From Scratch: The First Amendment Reporter-Source Privilege And The Doctrine Of Incidental Restrictions, Marcus A. Asner

University of Michigan Journal of Law Reform

This Note examines reporters' claims to a First Amendment reporter-source privilege in light of First Amendment doctrine as a whole. Part I briefly explains the current state of reporter-source privileges and the policies behind them. Part II then attempts to identify doctrinal support for the press's claim to a First Amendment privilege. Part II rejects the notion that the First Amendment affords special protection to the press as an institution. A reporter's status as a member of the institutional media is not irrelevant, however, and the well-established principle that the government may not target or single out the press for …