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Articles 1 - 7 of 7
Full-Text Articles in Legal History
When Privacy Almost Won: Time, Inc. V. Hill (1967), Samantha Barbas
When Privacy Almost Won: Time, Inc. V. Hill (1967), Samantha Barbas
Samantha Barbas
Drawing on previously unexplored and unpublished archival papers of Richard Nixon, the plaintiffs’ lawyer in the case, and the justices of the Warren Court, this article tells the story of the seminal First Amendment case Time, Inc. v. Hill (1967). In Hill, the Supreme Court for the first time addressed the conflict between the right to privacy and freedom of the press. The Court constitutionalized tort liability for invasion of privacy, acknowledging that it raised First Amendment issues and must be governed by constitutional standards. Hill substantially diminished privacy rights; today it is difficult if not impossible to recover against …
When Privacy Almost Won: Time, Inc. V. Hill (1967), Samantha Barbas
When Privacy Almost Won: Time, Inc. V. Hill (1967), Samantha Barbas
Journal Articles
Drawing on previously unexplored and unpublished archival papers of Richard Nixon, the plaintiffs’ lawyer in the case, and the justices of the Warren Court, this article tells the story of the seminal First Amendment case Time, Inc. v. Hill (1967). In Hill, the Supreme Court for the first time addressed the conflict between the right to privacy and freedom of the press. The Court constitutionalized tort liability for invasion of privacy, acknowledging that it raised First Amendment issues and must be governed by constitutional standards. Hill substantially diminished privacy rights; today it is difficult if not impossible to recover against …
The Trial Of John Peter Zenger: An Account, Douglas O. Linder
The Trial Of John Peter Zenger: An Account, Douglas O. Linder
Faculty Works
No country values free expression more highly than does the United States, and no case in American history stands as a greater landmark on the road to protection for freedom of the press than the trial of a German immigrant printer named John Peter Zenger. On August 5, 1735, twelve New York jurors, inspired by the eloquence of the best lawyer of the period, Andrew Hamilton, ignored the instructions of the Governor's hand-picked judges and returned a verdict of Not Guilty on the charge of publishing seditious libels. The Zenger trial is a remarkable story of a divided Colony, the …
Denial On The Campuses Demonstrably False Ideas Should Not Necessarily Be Protected By Bill Of Rights, Kenneth Lasson
Denial On The Campuses Demonstrably False Ideas Should Not Necessarily Be Protected By Bill Of Rights, Kenneth Lasson
All Faculty Scholarship
At Hopkins and elsewhere, the issue of granting historical revisionists equal access to curricula and classrooms is difficult enough, but it is complicated acutely when student editors become entangled in the black and nefarious thickets of Holocaust denial masquerading as "scholarship." The Johns Hopkins News-Letter is only the most recent university paper to succumb to the blandishments of a group calling itself the "Committee for Open Debate on the Holocaust," which promulgates claims that a plan to systematically rid Germany or Europe of Jews never existed, that no gas chambers ever operated and that the number of Jewish victims has …
Congressional Power And Free Speech: Levy’S Legacy Revisited, William W. Van Alstyne
Congressional Power And Free Speech: Levy’S Legacy Revisited, William W. Van Alstyne
Faculty Scholarship
No abstract provided.
The Jury, Seditious Libel And The Criminal Law, Thomas A. Green
The Jury, Seditious Libel And The Criminal Law, Thomas A. Green
Book Chapters
The seditious libel trials of the eighteenth century constitute an important chapter in the history of freedom of the press and the growth of democratic government. While much has been written about the trials and about the administration of the criminal law in eighteenth-century England, little has been said about the relationship between the libel prosecutions and the more pervasive and long-standing problems of the criminal law. We have perhaps gone too far in positing-or simply assuming-a separation between political high misdemeanors and common-run felony cases such as homicide and theft. For there were points of contact between the two: …
Freedom Of Speech And Of The Press In The Federalist Period The Sedition Act, Thomas F. Carroll
Freedom Of Speech And Of The Press In The Federalist Period The Sedition Act, Thomas F. Carroll
Michigan Law Review
The constitutional problem to which the Espionage Act of 1917 gave rise is almost as old as the Government itself. As early as 1798 the constitutional authority of the Government over speech ,and the press was called into question. The controversy caused by the Sedition Act of that date forms the subject of this paper.