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How Journalists Think About The First Amendment Vis-À-Vis Their Coverage Of Hate Groups, Gregory Perreault, Jonathan Peters, Brett Johnson, Leslie Klein
How Journalists Think About The First Amendment Vis-À-Vis Their Coverage Of Hate Groups, Gregory Perreault, Jonathan Peters, Brett Johnson, Leslie Klein
Scholarly Works
This study, based on in-depth interviews with U.S.-based journalists (n = 18), explores the increasingly fraught circumstances of reporting on hate groups. We examine how journalists think about the First Amendment vis-à-vis their coverage of such groups. Through the lens of media ecology and First Amendment principles and theories, we argue ultimately that journalists who cover hate groups use the First Amendment to identify their place in the journalistic environment.
Freedom Of Speech And The Criminal Law, Dan T. Coenen
Freedom Of Speech And The Criminal Law, Dan T. Coenen
Scholarly Works
Because the Free Speech Clause limits government power to enact penal statutes, it has a close relationship to American criminal law. This Article explores that relationship at a time when a fast-growing “decriminalization movement” has taken hold across the nation. At the heart of the Article is the idea that free speech law has developed in ways that have positioned the Supreme Court to use that law to impose significant new limits on the criminalization of speech. More particularly, this article claims that the Court has developed three distinct decision-making strategies for decriminalizing speech based on constitutional principles. The first …