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First Amendment

Freedom of the press

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Full-Text Articles in Law

Presuming Trustworthiness, Ronnell Anderson Jones, Sonja R. West Jan 2023

Presuming Trustworthiness, Ronnell Anderson Jones, Sonja R. West

Scholarly Works

A half-century ago, the U.S. Supreme Court often praised speakers performing the press function. While the Justices acknowledged that press reports are sometimes inaccurate and that media motivations are at times less than public-serving, their laudatory statements nonetheless embraced a baseline presumption of the value and trustworthiness of press speech in general. Speech in the exercise of the press function, they told us, is vitally important to public discourse in a democracy and therefore worthy of protection even when it falls short of the ideal in a given instance. Those days are over. Our study of every reference to the …


The Public Benefits Of Press Specialness, Ronnell Andersen Jones Mar 2022

The Public Benefits Of Press Specialness, Ronnell Andersen Jones

Utah Law Faculty Scholarship

In many circumstances, a broad umbrella of shared rights for the press and the public is perfectly adequate. But there are also times when statutorily, and even constitutionally, we should be providing unique protection to those who, if granted rights beyond those available to all speakers, will use those rights to benefit society as a whole. In these areas, our ongoing refusal to conceptualize and legally recognize the specialness of the press function has robbed us of public benefits.

The Freedom of Information Act context is a perfect illustration of this. Federal agencies are so swamped by requesters with non-newsworthy, …


The Disappearing Freedom Of The Press, Ronnell Andersen Jones Feb 2022

The Disappearing Freedom Of The Press, Ronnell Andersen Jones

Utah Law Faculty Scholarship

At this moment of unprecedented decline of local news and amplified attacks on the American press, attention is turning to the protection the Constitution might provide to journalism and the journalistic function. New signals that at least some Justices of the U.S. Supreme Court might be willing to rethink the core press-protecting precedent in New York Times v. Sullivan has intensified these conversations. But this scholarly dialogue appears to be taking place against a mistaken foundational assumption: that the U.S. Supreme Court continues to articulate and embrace at least some notion of freedom of the press. Despite the First Amendment …


Spectrum Of Shit, Hannah Hiaasen Jan 2022

Spectrum Of Shit, Hannah Hiaasen

Theses and Dissertations

Contending with the loss of a parent to a mass shooting in their workplace, a newsroom, I find myself suspended in time, in an office. Post-its, fans, button-ups, snow globes, clipboards, reporters notebooks, scrap paper, jot downs, keyboards hold me up. I crave the comfort of repetitive cumulative hand work. Quilting, weaving, and cutting away help me breathe, haptically process and memorialize these grieving objects, this grieving person. Weed-wacking towards intimacy, my work employs a range of materials to mourn the mundanity of a workday, fantasize transformative justice, and steward embodied grief to the surface. My only speed is slow-- …


The Disappearing Freedom Of The Press, Sonja R. West, Ronnell Anderson Jones Jan 2022

The Disappearing Freedom Of The Press, Sonja R. West, Ronnell Anderson Jones

Scholarly Works

At this moment of unprecedented decline of local news and amplified attacks on the American press, attention is turning to the protection the Constitution might provide to journalism and the journalistic function. New signals that at least some Justices of the U.S. Supreme Court might be willing to rethink the core press-protecting precedent in New York Times v. Sullivan has intensified these conversations. But this scholarly dialogue appears to be taking place against a mistaken foundational assumption: that the U.S. Supreme Court continues to articulate and embrace at least some notion of freedom of the press. Despite the First Amendment …


How The Supreme Court Talks About The Press (And Why We Should Care), Helen Norton Jan 2021

How The Supreme Court Talks About The Press (And Why We Should Care), Helen Norton

Publications

No abstract provided.


Protecting Local News Outlets From Fatal Legal Expenses, Nicole J. Ligon Jan 2020

Protecting Local News Outlets From Fatal Legal Expenses, Nicole J. Ligon

Faculty Scholarship

As lawsuits targeting the press continue to rise in response to today’s political climate, local news outlets are more likely to find themselves facing unexpected legal expenses. Although the national news media can generally weather the costs of libel lawsuits and subpoena requests, smaller news outlets have gone bankrupt or barely escaped such a fate while paying off legal fees, even when these outlets have ultimately been successful in their legal battles. Because local news outlets serve a critical role in underserved communities and are powerful agents of positive social change, they ought to be protected against fatal legal expenses. …


The Invention Of First Amendment Federalism, Jud Campbell Jan 2019

The Invention Of First Amendment Federalism, Jud Campbell

Law Faculty Publications

When insisting that the Sedition Act of 1798 violated the First Amendment, Jeffersonian Republicans cast their argument in historical terms, claiming that the Speech and Press Clauses eliminated any federal power to restrict expression. Scholars, in turn, have generally accepted that Republicans had a consistent understanding of the First Amendment throughout the 1790s. But Founding Era constitutionalism was dynamic in practice, even while often conservative in rhetoric, and scholars have missed the striking novelty of the principal argument against the Sedition Act. Republicans had taken a rights provision and transformed it into a federalism rule.

Mostly ignored in the literature, …


Compelled Subsidies And Original Meaning, Jud Campbell Jan 2019

Compelled Subsidies And Original Meaning, Jud Campbell

Law Faculty Publications

The rule against compelled subsidization of speech is at the forefront of modem First Amendment disputes. Challenges to mandatory union dues, laws preventing discrimination on the basis of sexual orientation, and the federal "contraceptive mandate" have all featured variants of the anti-subsidization principle, reasoning that the government cannot compel people to support the objectionable activities of others. But the literature currently fails to evaluate modem compelled-subsidy doctrine in terms of the original meaning of the First Amendment. This Essay takes up that task.

Approaching any question of original meaning requires a willingness to encounter a constitutional world that looks very …


Press Speakers And The First Amendment Rights Of Listeners, Ronnell Anderson Jones Jan 2019

Press Speakers And The First Amendment Rights Of Listeners, Ronnell Anderson Jones

University of Colorado Law Review

No abstract provided.


Favoring The Press, Sonja R. West Jan 2018

Favoring The Press, Sonja R. West

Scholarly Works

In the 2010 case of Citizens United v. Federal Election Commission, the United States Supreme Court caught the nation’s attention by declaring that corporations have a First Amendment right to independently spend unlimited amounts of money in political campaigns. The Court rested its 5-4 decision in large part on a concept of speaker-based discrimination. In the Court’s words, “the Government may commit a constitutional wrong when by law it identifies certain preferred speakers.”

To drive home its point that speaker-based distinctions are inherently problematic, the Court focused on one type of speaker distinction — the treatment of news media corporations. …


Government Lies And The Press Clause, Helen L. Norton Jan 2018

Government Lies And The Press Clause, Helen L. Norton

University of Colorado Law Review

No abstract provided.


When Privacy Almost Won: Time, Inc. V. Hill (1967), Samantha Barbas Nov 2017

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 …


Don’T Expect The First Amendment To Protect The Media, Ronnell Anderson Jones, Sonja R. West Jan 2017

Don’T Expect The First Amendment To Protect The Media, Ronnell Anderson Jones, Sonja R. West

Popular Media

Op-ed in the New York Times about the limits on the protection of the press under the First Amendment.


Natural Rights And The First Amendment, Jud Campbell Jan 2017

Natural Rights And The First Amendment, Jud Campbell

Law Faculty Publications

The Supreme Court often claims that the First Amendment reflects an original judgment about the proper scope of expressive freedom. After a century of academic debate, however, the meanings of speech and press freedoms at the Founding remain remarkably hazy. Many scholars, often pointing to Founding Era sedition prosecutions, emphasize the limited scope of these rights. Others focus on the libertarian ideas that helped shape opposition to the Sedition Act of 1798. Still more claim that speech and press freedoms lacked any commonly accepted meaning. The relationship between speech and press freedoms is contested, too. Most scholars view these freedoms …


"Facts Are Stubborn Things": Protecting Due Process From Virulent Publicity, Benjamin Brafman, Darren Stakey Jan 2017

"Facts Are Stubborn Things": Protecting Due Process From Virulent Publicity, Benjamin Brafman, Darren Stakey

Touro Law Review

No abstract provided.


Bankrupt Marketplace: First Amendment Theory And The 2016 Presidential Election, Leonard M. Niehoff Jan 2017

Bankrupt Marketplace: First Amendment Theory And The 2016 Presidential Election, Leonard M. Niehoff

Articles

In this article I advance two arguments. The first is that 2016 was a particularly important year for freedom of speech and the press, although not for conventional reasons. The second is that hte events of 2016 revealed that one of the essential components of our democracy - the central role that free expression plays in the democratic process - is in a state of serious dysfunction, if not crisis.


Sunlight And Shadows: Louis D. Brandeis On Privacy, Publicity, And Free Expression In American Democracy, Erin Coyle Jan 2017

Sunlight And Shadows: Louis D. Brandeis On Privacy, Publicity, And Free Expression In American Democracy, Erin Coyle

Touro Law Review

No abstract provided.


United States District Court, Southern District Of New York, People For The Ethical Treatment Of Animals V. Giuliani, Melissa Murphy Mar 2016

United States District Court, Southern District Of New York, People For The Ethical Treatment Of Animals V. Giuliani, Melissa Murphy

Touro Law Review

No abstract provided.


Supreme Court, Nassau County New York, Coleman V. O'Shea, Melissa Murphy Mar 2016

Supreme Court, Nassau County New York, Coleman V. O'Shea, Melissa Murphy

Touro Law Review

No abstract provided.


When Privacy Almost Won: Time, Inc. V. Hill (1967), Samantha Barbas Dec 2015

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 …


First Amendment; Freedom Of The Press; Access Of News Media To County Jail; Houchins V. Kqed, Inc., Thomas W. Renwand Jul 2015

First Amendment; Freedom Of The Press; Access Of News Media To County Jail; Houchins V. Kqed, Inc., Thomas W. Renwand

Akron Law Review

"Although United States history is replete with struggles over the rights and prerogatives of the press, until recently these disputes rarely made their way to the nation's highest court.' In the last several years the Supreme Court has been confronted with a number of important, complex questions dealing with the role of a free press in a free society.'"


The Supreme Court And The Press: Freedom Or Privilege?, Sandra Bradley Jul 2015

The Supreme Court And The Press: Freedom Or Privilege?, Sandra Bradley

Akron Law Review

This comment will examine the Supreme Court's spring, 1978 decisions as they affected first amendment rights, and will assess their impact upon the press. Particular emphasis will be placed on Zurcher v. Stanford Daily as it affects first amendment, as well as fourth amendment, protections.


First Amendment; Freedom Of The Press; Erosion Of New York Times Co. V. Sullivan; Herbert V. Lando, Edward Howlett Jul 2015

First Amendment; Freedom Of The Press; Erosion Of New York Times Co. V. Sullivan; Herbert V. Lando, Edward Howlett

Akron Law Review

In Herbert v. Lando the Supreme Court announced that the first amendment does not require a constitutional privilege foreclosing direct inquiry into the editorial process. While the decision may seem correct in its overturning of the absolute privilege afforded to the editorial process by the Second Circuit, nevertheless, by refusing to grant even a qualified privilege to the editorial process the Court may have upset the delicate balance between an individual's interest in his reputation and society's interest in a free flow of information recognized in New York Times Co. v. Sullivan.


"Where Have You Gone, Walter Cronkite?" The First Amendment And The End Of Innocence, Rodney A. Smolla Jul 2015

"Where Have You Gone, Walter Cronkite?" The First Amendment And The End Of Innocence, Rodney A. Smolla

Rod Smolla

None available.


Bad News: Privacy Ruling To Increase Press Litigation, The Florida Star V. B.J.F., Mary Ellen Hockwalt Jul 2015

Bad News: Privacy Ruling To Increase Press Litigation, The Florida Star V. B.J.F., Mary Ellen Hockwalt

Akron Law Review

This note analyzes the history and precedent upon which the Court relied in reaching Florida Star's "harsh outcome." Next, the note discusses how the Court, by refusing to extend its holding beyond the facts of the case and give broad Constitutional protection to publications of truth, failed to provide lower courts with any guidance in deciding future invasion of privacy actions. Finally, the note examines the Court's balancing test: weighing the privacy interests of a crime victim against the newspaper's freedom to print truthful information.


Amicus Brief In Support Of Motion For Reconsideration, In The Case Of Murray V. Chagrin Valley Publishing Co., Case No. 2015-0127, Supreme Court Of Ohio, David Forte Jul 2015

Amicus Brief In Support Of Motion For Reconsideration, In The Case Of Murray V. Chagrin Valley Publishing Co., Case No. 2015-0127, Supreme Court Of Ohio, David Forte

Law Faculty Briefs and Court Documents

Forte authored an Amicus brief in support of motion for reconsideration, in the case of Murray v. Chagrin Valley Publishing Co., Case no. 2015-0127, Supreme Court of Ohio, on issues dealing with free speech and libel. The brief was filed on July 20, 2015. In the brief, Forte writes, 'I have chosen to participate as an amicus curiae in support of the Motion for Reconsideration filed by Appellants Robert E. Murray, Murray Energy Corporation, American Energy Corporation, and The Ohio Valley Coal Company because as a career constitutional scholar, I believe that Appellants’ case presents questions of keen interest to …


A "Faustian Pact"? Native Advertising And The Future Of The Press, Lili Levi Jan 2015

A "Faustian Pact"? Native Advertising And The Future Of The Press, Lili Levi

Articles

As technology undermines the economic model supporting the traditional press, news organizations are succumbing to the siren call of "native advertising" – a new marketing technique for unobtrusively integrating paid advertising into editorial content. Brands are increasingly turning to native ads to preempt consumers' well-documented ad avoidance. Although the native advertising model debuted on digital-native news sites, it is now ubiquitous in elite legacy media as well. Everyone knew "native" had arrived for good when the venerable New York Times not only introduced its online "Paid Post," but incorporated sponsored content in its print editions, and even hired an in-house …


Ethics For Media Lawyers: The Lessons Of Ferguson, Leonard M. Niehoff Jan 2015

Ethics For Media Lawyers: The Lessons Of Ferguson, Leonard M. Niehoff

Articles

Ferguson, Missouri, has a population of roughly 21,000 people. Thirty cities in Missouri have larger populations. The Edward Jones Dome, where the St. Louis Rams play football, seats three times as many people. Most of us had never heard of Ferguson prior to August 9, 2014, when a police oficer named Darren Wilson shot and killed an unarmed black teenager named Michael Brown. But, to paraphrase the grim observation of Ambrose Bierce, war is how Americans learn geography. So, as violence and vandalism erupted on its streets, the nation turned its attention toward Ferguson and labored to understand the place, …


Incendiary Speech And Social Media, Lyrissa Barnett Lidsky Dec 2014

Incendiary Speech And Social Media, Lyrissa Barnett Lidsky

Lyrissa Barnett Lidsky

Incidents illustrating the incendiary capacity of social media have rekindled concerns about the "mismatch" between existing doctrinal categories and new types of dangerous speech. This Essay examines two such incidents, one in which an offensive tweet and YouTube video led a hostile audience to riot and murder, and the other in which a blogger urged his nameless, faceless audience to murder federal judges. One incident resulted in liability for the speaker, even though no violence occurred; the other did not lead to liability for the speaker even though at least thirty people died as a result of his words. An …