Law Commons^™

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

University of Colorado Law Review

No abstract provided.

Government Lies And The Press Clause, Helen L. Norton

University of Colorado Law Review

No abstract provided.

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

Touro Law Review

No abstract provided.

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

Touro Law Review

No abstract provided.

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

Touro Law Review

No abstract provided.

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

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

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.

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.

Comment: First Amendment Rights Of Prisoners To Have Access To The News Media In Relation To Administrative Policy Bans Upon Such Access , Sharon Hass

Pepperdine Law Review

No abstract provided.

Losing The Struggle To Define The Proper Balance Between The Law Of Defamation And The First Amendment - Gertz V. Robert Welch, Inc.: One Step Forward, Two Steps Back, Douglas B. Large, Kristopher Kallman

Pepperdine Law Review

No abstract provided.

The California Approach To The Yielding Of The Newsman's Shield Law, Ronnie Schwartz

Pepperdine Law Review

No abstract provided.

Public Access To Physician And Attorney Disciplinary Proceedings, Michael Spake

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Full Court Press: The Imperial Judiciary Vs. The Paranoid Press , Francis I. Dale, Mitchell W. Dale

Pepperdine Law Review

No abstract provided.

Meiklejohn, Monica, & Mutilation Of The Thinking Process, Clay Calvert

Pepperdine Law Review

No abstract provided.

Bartnicki V. Vopper: Another Media Victory Or Ominous Warning Of A Potential Change In Supreme Court First Amendment Jurisprudence?, Jennifer Nichole Hunt

Pepperdine Law Review

No abstract provided.

Privacy Through Anonymity: An Economic Argument For Expanding The Right Of Privacy In Public Places, Joseph Siprut

Pepperdine Law Review

No abstract provided.

Does The First Amendment's "Right Of Access" Require Court Proceedings To Be Televised? A Constitutional And Practical Discussion, Audrey Maness

Pepperdine Law Review

No abstract provided.

Purpose And Effects: Viewpoint-Discriminatory Closure Of A Designated Public Forum, Kerry L. Monroe

University of Michigan Journal of Law Reform

In early 2010, amidst a series of racially charged incidents on campus, the student government president at the University of California at San Diego revoked funding to all student media organizations in response to controversial speech on the student-run television station. It is well established that once the government has opened a forum, including a "metaphysical" forum constituted by government funding for private speech, it may not discriminate based on the viewpoints expressed within that forum. However, it has not been clearly established whether the government may close such a forum for a viewpoint-discriminatory purpose. This Note argues that courts …

The Journalism Ratings Board: An Incentive-Based Approach To Cable News Accountability, Andrew Selbst

University of Michigan Journal of Law Reform

The American establishment media is in crisis. With newsmakers primarily driven by profit, sensationalism and partisanship shape news coverage at the expense of information necessary for effective self-government. Focused on cable news in particular this Note proposes a Journalism Ratings Board to periodically rate news programs based on principles of good journalism. The Board will publish periodic reports and display the news programs' ratings during the programs themselves, similar to parental guidelines for entertainment programs. In a political and legal climate hostile to command-and-control regulation, such an incentive-based approach will help cable news fulfill the democratic function of the press.

Defining Freedom Of The College Press After "Hosty V. Carter", Jessica B. Lyons

Vanderbilt Law Review

The application of the First Amendment to public universities has long been a source of confusion and frustration for both universities and courts. In particular, application of the First Amendment to student publications such as newspapers, magazines, and yearbooks has led to a great deal of litigation and controversy. The protection afforded by the First Amendment to these publications at the university level is extremely unclear and the circuit courts' inconsistent treatment of the college press has further confused the issue.

How should the First Amendment apply to public universities? An instinctive response is that a college student should enjoy …

Small Hope Floats: How The Lower Courts Have Sunk The Right Of Privacy, Stephanie D. Taylor

West Virginia Law Review

No abstract provided.

Holding Media Responsible For Deceptive Weight-Loss Advertising, Chester S. Galloway, Herbert Jack Rotfeld, Jef I. Richards

West Virginia Law Review

In Fall 2002, the Federal Trade Commission held a Workshop exploring the problem of misleading weight-loss promotional pitches. After the agency spent decades cleaning up deceptive advertising, the weight-loss industry continues to be replete with such tactics. In an attempt to more aggressively attack those deceptions, the FTC used the Workshop as a forum to suggest that media should play a more active role in screening ads for diet products and programs. Some saw this as an implied threat that the agency may begin holding media liable for publishing those ads. Media protest that this forces them into the de …

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 …

The "Ultimate Question": A Limited Argument For Trafficking In Stolen Speech, Matthew J. Coleman

Oklahoma Law Review

No abstract provided.

The New World Of News Media, David Broder

University of Arkansas at Little Rock Law Review

No abstract provided.

Wilson, V Layne: Bans Press With Police In The Home, But Leaves Media Ride-Alongs Intact, Kathy A. Brown

West Virginia Law Review

No abstract provided.

Nelson V. Mcclatchy Newspapers: What Happens When Freedom Of The Press Collides With Free Speech?, Adam Horowitz

University of Miami Law Review

No abstract provided.

Newsgathering After The Death Of A Princess: Do American Laws Adequately Punish And Deter Newsgathering Conduct That Places Individuals In Fear Or At Risk Of Bodily Harm, Alissa Eden Halperin

Jeffrey S. Moorad Sports Law Journal

No abstract provided.