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Full-Text Articles in Law
The First Amendment And The Roots Of Lgbt Rights Law: Censorship In The Early Homophile Era, 1958-1962, Jason M. Shepard
The First Amendment And The Roots Of Lgbt Rights Law: Censorship In The Early Homophile Era, 1958-1962, Jason M. Shepard
William & Mary Journal of Race, Gender, and Social Justice
Long before substantive due process and equal protection extended constitutional rights to homosexuals under the Fourteenth Amendment, in three landmark decisions by the Supreme Court of the United States, First Amendment law was both a weapon and shield in the expansion of LGBT rights. This Article examines constitutional law and “gaylaw” from the perspective of its beginning, through case studies of One, Inc. v. Olesen (1958), Sunshine Book Co. v. Summerfield (1958), and Manual Enterprises, Inc. v. Day (1962). In protecting free press rights of sexual minorities to use the U.S. mail for mass communications, the Warren Court’s liberalization of …
The Most Loved, Most Hated Magazine In America: The Rise And Demise Of Confidential Magazine, Samantha Barbas
The Most Loved, Most Hated Magazine In America: The Rise And Demise Of Confidential Magazine, Samantha Barbas
William & Mary Bill of Rights Journal
No abstract provided.
A Liberal Communitarian Approach To Security Limitations On The Freedom Of The Press, Amitai Etzioni
A Liberal Communitarian Approach To Security Limitations On The Freedom Of The Press, Amitai Etzioni
William & Mary Bill of Rights Journal
No abstract provided.
Blowing Its Cover: How The Intelligence Identities Protection Act Has Masqueraded As An Effective Law And Why It Must Be Amended, Andrew M. Szilagyi
Blowing Its Cover: How The Intelligence Identities Protection Act Has Masqueraded As An Effective Law And Why It Must Be Amended, Andrew M. Szilagyi
William & Mary Law Review
No abstract provided.
Guns And Speech Technologies: How The Right To Bear Arms Affects Copyright Regulations Of Speech Technologies, Edward Lee
William & Mary Bill of Rights Journal
This Article examines the possible effect the Supreme Court's landmark Second Amendment ruling in District of Columbia v. Heller will have on future cases brought under the Free Press Clause.' Based on the text and history of the Constitution, the connection between the two Clauses is undeniable, as the Heller Court itself repeatedly suggested. Only two provisions in the entire Constitution protect individual rights to a technology: the Second Amendment's right to bear "arms" and the Free Press Clause's right to the freedom of the "press," meaning the printing press. Both rights were viewed, moreover, as pre-existing, natural rights to …
Falsity, Insincerity, And The Freedom Of Expression, Mark Spottswood
Falsity, Insincerity, And The Freedom Of Expression, Mark Spottswood
William & Mary Bill of Rights Journal
Three decades ago, the Supreme Court announced that false statements of fact are devoid of constitutional value, without providing either a reasoned explanation for that principle or any supporting citations. This assertion has become one of the most frequently repeated dogmas of First Amendment law and theory, endlessly repeated and never challenged. Disturbingly, this idea has provided the theoretic foundation for a regime in which some speakers can be penalized for even honestly believed factual errors. Even worse, this dogma is flat wrong.
False statements often have value in themselves, and we should protect them even in some situations where …
Sex Offenders In The Community: Their Public Persona And The Media's Corresponding Privilege To Report, Douglas Griswold
Sex Offenders In The Community: Their Public Persona And The Media's Corresponding Privilege To Report, Douglas Griswold
William & Mary Bill of Rights Journal
No abstract provided.
Speech And The Self-Governance Value, Brian C. Murchison
Speech And The Self-Governance Value, Brian C. Murchison
William & Mary Bill of Rights Journal
No abstract provided.
The Year Of Leaking Dangerously: Shadowy Sources, Jailed Journalists And The Uncertain Future Of The Federal Journalist's Privilege., Anthony L. Fargo
The Year Of Leaking Dangerously: Shadowy Sources, Jailed Journalists And The Uncertain Future Of The Federal Journalist's Privilege., Anthony L. Fargo
William & Mary Bill of Rights Journal
No abstract provided.
The Unusual Suspects: Journalists As Thieves, William E. Lee
The Unusual Suspects: Journalists As Thieves, William E. Lee
William & Mary Bill of Rights Journal
The publication of confidential information by the press stands in stark contrast to the press' dedication to protecting the confidentiality of sources. While the Supreme Court has taken the position that the press may publish confidential information acquired through "routine" newsgathering methods, the contours of the phrase "routine " newsgathering methods are poorly defined In this Article, Professor Lee describes the link between the manner in which information is obtained and the First Amendment's protection of the publication of the information. He concludes that the proper analysis would separate the interests affected by publication from the interests affected by illegal …
Murder In The Abstract: The First Amendment And The Misappropriation Of Brandenburg, Amy K. Dilworth
Murder In The Abstract: The First Amendment And The Misappropriation Of Brandenburg, Amy K. Dilworth
William & Mary Bill of Rights Journal
When Paladin Enterprises published Hit Man, a manual about murder for hire, it knew and intended that the book would be used for such a purpose. When James Perry used the information contained in Hit Man to murder three innocent persons, he started a legal debate about the scope of First Amendment protections for books that instruct how to commit criminal acts. Many scholars and commentators indicated that Brandenburg v. Ohio contains the applicable constitutional standard; however, in litigation against Paladin, the survivors of the decedents challenged the conventional wisdom.
This Note examines the Brandenburg test for its applicability to …
Media Misbehavior And The Wages Of Sin: The Constitutionality Of Consequential Damages For Publication Of Ill-Gotten Information, John J. Walsh, Steven J. Selby, Jodie L. Schaffer
Media Misbehavior And The Wages Of Sin: The Constitutionality Of Consequential Damages For Publication Of Ill-Gotten Information, John J. Walsh, Steven J. Selby, Jodie L. Schaffer
William & Mary Bill of Rights Journal
Driven by competitive forces and enabled by technological advances such as hidden cameras, the media have become increasingly intrusive in their newsgathering techniques. Claims against the media for unlawful acts such as invasion of privacy, trespass, and fraud highlight the severe tension existing between the rights of the victims of media misconduct and the principles of the First Amendment. The authors contend that by acting unlawfully in their newsgathering, the media forfeit First Amendment protection. They emphasize that the newsworthiness of the information unlawfully obtained by the media should not be considered when determining liability, and conclude that the media …
The Constitutional Interest In Getting The News: Toward A First Amendment Protection From Tort Liability For Surreptitious Newsgathering, Paul A. Lebel
William & Mary Bill of Rights Journal
No abstract provided.
Vanity And Vexation: Shifting The Focus To Media Conduct, Jane E. Kirtley
Vanity And Vexation: Shifting The Focus To Media Conduct, Jane E. Kirtley
William & Mary Bill of Rights Journal
Lawsuits brought by corporations against news organizations during the last few years demonstrate that it is no longer sufficient for the press to get its facts straight. With some industries literally fighting for their lives, a new legal climate has encourage litigation that deflects bad publicity by shifting the focus away from the traditional issue of accuracy to a critical examination of the news media's newsgathering techniques. Concerns about the reaction of courts to unorthodox reporting methods may prompt news organizations to censor themselves, but the author argues that facing the threat of mega-verdicts or contempt citations should be regarded …
Tortious Interference: The Limits Of Common Law Liability For Newsgathering, Sandra S. Baron, Hilary Lane, David A. Schulz
Tortious Interference: The Limits Of Common Law Liability For Newsgathering, Sandra S. Baron, Hilary Lane, David A. Schulz
William & Mary Bill of Rights Journal
Media lawyers have recently been confronted with a relatively new source of litigation: the tort of intentional interference with contractual relations, which arises out of confidentiality agreements. In this Article, the authors identify the elements of tortious interference with contracts and examine the key issues presented when this tort is applied to newsgathering. The authors then consider a potential defense based on the First Amendment. In light of the public and constitutional interests at stake, the authors conclude that the breach of a confidentiality agreement should not sustain a tortious interference claim when the press is involved in newsgathering activity.
Tainted Sources: First Amendment Rights And Journalistic Wrongs, Robert M. O'Neil
Tainted Sources: First Amendment Rights And Journalistic Wrongs, Robert M. O'Neil
William & Mary Bill of Rights Journal
The issue of news organizations' potential liability for their newsgathering practices has garnered significant attention in several recent cases. Robert M. O'Neil discusses several such cases which have focused on the balance between the First Amendment interests at stake and the improper or possibly illegal manner in which the media obtained its information. The author concludes by suggesting principles to guide in balancing these interests
Of "Sloppy Journalism," Corporate Tyranny," And Mea Culpas: The Curious Case Of Moldea V. New York Times, David A. Logan
Of "Sloppy Journalism," Corporate Tyranny," And Mea Culpas: The Curious Case Of Moldea V. New York Times, David A. Logan
William & Mary Law Review
No abstract provided.
Cohen V. Cowles Media And Its Significance For First Amendment Law And Journalism, Jerome A. Barron
Cohen V. Cowles Media And Its Significance For First Amendment Law And Journalism, Jerome A. Barron
William & Mary Bill of Rights Journal
No abstract provided.
Whither The Press: The Fourth Estate And The Journalism Of Blame, Gerald G. Ashdown
Whither The Press: The Fourth Estate And The Journalism Of Blame, Gerald G. Ashdown
William & Mary Bill of Rights Journal
No abstract provided.
Hustler Magazine V. Falwell: A Mislitigated And Misreasoned Case, Bruce Fein
Hustler Magazine V. Falwell: A Mislitigated And Misreasoned Case, Bruce Fein
William & Mary Law Review
No abstract provided.
Cuban Cigars, Cuban Books, And The Problem Of Incidental Restrictions On Communications, Frederick Schauer
Cuban Cigars, Cuban Books, And The Problem Of Incidental Restrictions On Communications, Frederick Schauer
William & Mary Law Review
No abstract provided.
The Supreme Court And Press Fashions, Robert Mason
The Supreme Court And Press Fashions, Robert Mason
William & Mary Law Review
No abstract provided.
Positing A Right Of Access: Evaluations And Subsequent Developments, Tom A. Collins
Positing A Right Of Access: Evaluations And Subsequent Developments, Tom A. Collins
William & Mary Law Review
No abstract provided.
Judicial Protection Of The Criminal Defendant Against Adverse Press Coverage, John E. Stanga Jr.
Judicial Protection Of The Criminal Defendant Against Adverse Press Coverage, John E. Stanga Jr.
William & Mary Law Review
No abstract provided.
Constitutional Law - Private Distribution Of Obscene Material. United States V. Dellapia, 433 F.2d 1252 (2d Cir. 1970), Woodrow Turner Jr.
Constitutional Law - Private Distribution Of Obscene Material. United States V. Dellapia, 433 F.2d 1252 (2d Cir. 1970), Woodrow Turner Jr.
William & Mary Law Review
No abstract provided.
The Supreme Court And Libel, Jerome Lawrence Merin
The Supreme Court And Libel, Jerome Lawrence Merin
William & Mary Law Review
No abstract provided.
The Second Front: Free Expression Versus Individual Dignity, George C. Haimbaugh Jr.
The Second Front: Free Expression Versus Individual Dignity, George C. Haimbaugh Jr.
William & Mary Law Review
No abstract provided.
Developments In The Law Of Libel: Impact Of The New York Times Rules, Arthur B. Hanson
Developments In The Law Of Libel: Impact Of The New York Times Rules, Arthur B. Hanson
William & Mary Law Review
No abstract provided.
Book Review Of Legacy Of Suppression, James P. Whyte Jr.
Book Review Of Legacy Of Suppression, James P. Whyte Jr.
William & Mary Law Review
No abstract provided.