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Full-Text Articles in Law
Public Importance: Balancing Proprietary Rights And The Right To Know, Eric Easton
Public Importance: Balancing Proprietary Rights And The Right To Know, Eric Easton
All Faculty Scholarship
Articulating a coherent, all-encompassing First Amendment doctrine for freedom of speech and of the press has so far eluded every scholar who has tried, not least because of the variety of analytical approaches and potentially dispositive factors in Supreme Court jurisprudence. For example, the same regulation might be enforceable in one medium, but not another; in one forum, but not another. Enforceability may depend on the regulator's purpose and drafting skill, or not, depending in turn on whether the speech deserves full protection, some protection, or no protection at all. Sometimes enforceability depends on the speaker's intent, or knowledge, or …
The Classified Information Protection Act: Killing The Messenger Or Killing The Message, Mitchell J. Michalec
The Classified Information Protection Act: Killing The Messenger Or Killing The Message, Mitchell J. Michalec
Cleveland State Law Review
The purpose of this Note is to discuss the adequacy of existing statutory and administrative protections for classified information, examine how the agencies responsible for protecting this information implemented controls, and how the courts interpreted these existing protections. This Note argues that the failure of the government to prevent "leaks" is not necessarily a failure of the existing scheme, but rather a failure of the government to apply current controls. Furthermore, it demonstrates that the Classified Information Protection Act is an unnecessary, overbroad, and in some cases, ineffective alternative to the existing protections, with a great potential for abuse. If …