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First Amendment Investigations And The Inescapable Pragmatism Of The Common Law Of Free Speech, Lawrence Rosenthal

Lawrence Rosenthal

Scholars have struggled to explain our sprawling First Amendment doctrine – once described by Justice Stevens as “an elaborate mosaic of specific judicial decisions, characteristic of the common law process of case-by-case adjudication.” The position that has gained the most traction in recent scholarship has stressed the primacy of governmental motive – this school of thought argues that the degree of scrutiny to be afforded a challenged regulation is based on an assessment of the likelihood that the regulation reflects a governmental motive to burden disfavored speech or speakers.

This article offers a challenge to the purposivist account. It begins, …

Not Just "Every Man": Revisiting The Journalist's Privilege Against Compelled Disclosure Of Confidential Sources, Jaime M. Porter

Indiana Law Journal

No abstract provided.

The Reporter's Privilege In Arkansas: An Overview With Commentary, Philip S. Anderson

University of Arkansas at Little Rock Law Review

No abstract provided.

Do Not Pass Go, Do Not Collect $200: The Reporter's Privilege Today, Douglas E. Lee

University of Arkansas at Little Rock Law Review

No abstract provided.

Déjà Vu All Over Again: How A Generation Of Gains In The Federal Reporter's Privilege Law Is Being Reversed, Lucy A. Dalglish, Casey Murray

University of Arkansas at Little Rock Law Review

No abstract provided.

A Trial Judge's Rumination On The Reporter's Privilege, Susan Webber Wright

University of Arkansas at Little Rock Law Review

No abstract provided.

The Concerto The Without Sheet Music: Revisiting The Debate Over First Amendment Protection For Information Gathering, Anthony L. Fargo

University of Arkansas at Little Rock Law Review

No abstract provided.

Concurring In Part & Concurring In The Confusion, Sonja R. West

Michigan Law Review

When a federal appellate court decided last year that two reporters must either reveal their confidential sources to a grand jury or face jail time, the court did not hesitate in relying on the majority opinion in the Supreme Court's sole comment on the reporter's privilege-Branzburg v. Hayes. "The Highest Court has spoken and never revisited the question. Without doubt, that is the end of the matter," Judge Sentelle wrote for the three-judge panel of the Circuit Court of Appeals for the District of Columbia. By this declaration, the court dismissed with a wave of its judicial hand the arguments …

Constitutional Law- Freedom Of The Press- Virginia Recognizes A Newsman's Qualified First Amendment Privilege Of Confidentiality Of Information And Identity Of Source

University of Richmond Law Review

The first amendment to the United States Constitution guarantees our basic freedoms of speech and press. In recent years newsmen have been subpoenaed with increasing frequency to testify before grand juries, legislative committees, administrative hearings and in criminal and civil cases. When subpoenaed they have argued that the first amendment is a shield which protects them from compelled disclosure of confidential information and identity of source

Branzburg V. Hayes: A Need For Statutory Protection Of News Sources, Richard E. Anderson

Kentucky Law Journal

No abstract provided.