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- New York Times Co. v. Sullivan (3)
- Press Clause (2)
- Citizen Journalists (1)
- Consumer Financial Protection Bureau (1)
- Dangers (1)
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- Defining the Press (1)
- Doctrine of Fear-Based Standing (1)
- Formalism (1)
- Functionalism (1)
- Institutional Actors (1)
- Originalism and History (1)
- Protecting Debate (1)
- Prudential Solution (1)
- Separation-of-Powers Suits (1)
- Supreme Court Got It Right (1)
- Supreme Court News Coverage (1)
- Takings Clause of Fifth Amendment (1)
- The Impact of Clapper v. Amnesty International USA (1)
Articles 1 - 11 of 11
Full-Text Articles in Law
The Stealth Press Clause, Sonja R. West
The Stealth Press Clause, Sonja R. West
Georgia Law Review
As we reflect on the 50th anniversary of New York Times Co. v. Sullivan, there will likely be many tributes to Sullivan as one of the Supreme Court's most significant press cases. Yet Sullivan was not really a "press" case. The Supreme Court, in its opinion, granted all speakers greater protection against defamation liability regardless of whether they were a member of the press. Sullivan is not the only famous so-called "press" case that was not just about the press. Several more "not-just-the-press" victories followed in Sullivan's wake. New York Times Co. v. United States (the "Pentagon Papers case"), for …
Institutional Actors In New York Times Co. V. Sullivan, Paul Horwitz
Institutional Actors In New York Times Co. V. Sullivan, Paul Horwitz
Georgia Law Review
Like all major cases, New York Times Co. v. Sullivan, which has now reached its fiftieth anniversary, is capable of multiple readings. This is less true of Sullivan than of some other epochal cases, especially those cases that continue to have a powerful political valence. Brown v. Board of Education, in particular, which will mark its sixtieth anniversary this year, continues to provoke fierce debates about its meaning and, in a deeper sense, its ownership. Sullivan is unquestionably one of the most important decisions in First Amendment jurisprudence. It has certainly produced debate. But arguments about Sullivan generally focus on …
Originalism And History, Justice John P. Stevens (Ret.)
Originalism And History, Justice John P. Stevens (Ret.)
Georgia Law Review
The notion that a jurisprudence of "original intent" will constrain the discretion of judges who seek to impose their own policy preferences on the law has often been attributed to a speech delivered by Edwin Meese, then-Attorney General of the United States, to an American Bar Association audience on July 9, 1985. In that speech the Attorney General was particularly critical of Supreme Court opinions relying on the Due Process Clause of the Fourteenth Amendment as a basis for requiring the states to adhere to specific provisions of the Bill of Rights. "[N]owhere else [he said,] has the principle of …
Citizen-Critics, Citizen Journalists, And The Perils Of Defining The Press, William E. Lee
Citizen-Critics, Citizen Journalists, And The Perils Of Defining The Press, William E. Lee
Georgia Law Review
Media lawyers frequently describe New York Times Co. v. Sullivan as a great win for the press. Certainly the Court's ruling saved the New York Times from financial ruin. However, four Alabama ministers active in the Southern Christian Leadership Conference (SCLC), Ralph D. Abernathy, Joseph E. Lowery, Fred L. Shuttlesworth, and S.S. Seay Sr., were also targeted by Sullivan as defendants. Despite testimony that the ministers had not authorized the use of their names in the advertisement, "Heed Their Rising Voices," and learned of the ad only when Sullivan asked them for a retraction, the jury found each liable for …
Fast Forward Fifty Years: Protecting Uninhibited, Robust, And Wide-Open Debate After New York Times Co. V. Sullivan, Amy K. Sanders
Fast Forward Fifty Years: Protecting Uninhibited, Robust, And Wide-Open Debate After New York Times Co. V. Sullivan, Amy K. Sanders
Georgia Law Review
In September 2013, California Governor Jerry Brown signed into law SB 606, criminalizing attempts to photograph or videotape a child if the reason for doing so was because the child's parent is a celebrity or public official. Not surprisingly, the measure garnered significant support from Hollywood's elite, including legislative testimony from actress-moms Halle Berry and Jennifer Garner. Against the outcry of the California Broadcasters Association and the California Newspaper Publishers Association, the California Legislature approved the measure, which raises current penalties for first-time offenders to one year of incarceration and/or a $10,000 fine (up from a maximum of six months …
In New York Times Co. V. Sullivan, The Supreme Court Got It Right Then- And Now, David G. Savage
In New York Times Co. V. Sullivan, The Supreme Court Got It Right Then- And Now, David G. Savage
Georgia Law Review
On April 5, 1960, Ray Jenkins, a city editor for the Alabama Journal,the afternoon paper in Montgomery, was having lunch at his desk and skimming through the old papers that had piled up. They included a week-old copy of the New York Times. He spotted an item that had a local angle, and he wrote a thirteen-paragraph story for that day's paper. "Sixty prominent liberals, including [former First Lady] Eleanor Roosevelt, have signed a full page advertisement in the New York Times appealing for contributions to 'The Committee to Defend Martin Luther King and the Struggle for Freedom in the …
Justifying A Prudential Solution To The Williamson County Ripeness Puzzle, Katherine M. Crocker
Justifying A Prudential Solution To The Williamson County Ripeness Puzzle, Katherine M. Crocker
Georgia Law Review
In the much-maligned 1985 case Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City, the Supreme Court articulated a rule of "ripeness" requiring most Fifth Amendment regulatory- takings claimants to seek 'just compensation" in state court before attempting to litigate in federal court. Williamson County and its progeny have opened a Pandora's box of unforeseen complications, spawning many more questions than they purported to answer. At the forefront is what kind of requirement the rule is anyway. This Article contends that reading Williamson County as grounded in the Constitution (specifically, in Article III or the Fifth Amendment) runs …
Defeating A Wolf Clad As A Wolf: Formalism And Functionalism In Separation-Of-Powers Suits Against The Consumer Financial Protection Bureau, Lee A. Deneen
Georgia Law Review
In 2010, the Court decided Free Enterprise Fund, engaging in a substantially formalist analysis of the President's removal power. That same year, Congress authorized creation of the Consumer Financial Protection Bureau, a federal agency with significant regulatory and enforcement power over the consumer finance industry. Within three years of that legislation, two lawsuits have challenged the CFPB's structure. This Note evaluates the arguments of the CFPB's opponents against the backdrop of Free Enterprise Fund and the Roberts Court's other formalist decisions. Although one might expect complaints against the CFPB to be lodged solely in formalist terms, the CFPB's opponents have …
Scandal! Early Supreme Court News Coverage And The Justice-Journalist Divide, Amy Gajda
Scandal! Early Supreme Court News Coverage And The Justice-Journalist Divide, Amy Gajda
Georgia Law Review
In January of 1900, United States Supreme Court Associate Justice Henry Brown (author of Plessy v. Ferguson) had apparently just about had it with the press. He gave what was called "[t]he principal address" before members of the New York State Bar Association in Albany and focused not principally on law, but on what he called journalism's sensationalistic methods.' "Ugly stories are told," he told the gathered attorneys, "of spies put upon houses to unearth domestic scandals or upon the steps of public men to ferret out political secrets," including early reports of court decisions. The greatest of the cruelties …
The Impact Of Clapper V. Amnesty International Usa On The Doctrine Of Fear-Based Standing, Amanda M. Mcdowell
The Impact Of Clapper V. Amnesty International Usa On The Doctrine Of Fear-Based Standing, Amanda M. Mcdowell
Georgia Law Review
The Supreme Court's 2013 decision in Clapper v. Amnesty International USA dealt with the government's electronic surveillance authority under the Foreign Intelligence SurveillanceAct (FISA) Amendments. In a 5- 4 opinion, the Court held that a variety of U.S. persons, including attorneys and media organizations, did not have standing to challenge the constitutionality of the FISA Amendments because the plaintiffs' fear of future unlawful surveillance was not "certainly impending." Depending on how lower courts choose to interpret Clapper, the decision could have a significant impact on the doctrine of fear-based standing, which allows plaintiffs to establish standing based on fear of …
The Dangers Of Press Clause Dicta, Ronnell A. Jones
The Dangers Of Press Clause Dicta, Ronnell A. Jones
Georgia Law Review
If an attorney, scholar, or citizen opened the 448th volume of the U.S. Reports to page 573, she would find herself midway through a case captioned Richmond Newspapers, Inc. v. Virginia. Context would make clear that the case was brought by a newspaper that wished to report on a criminal trial but was precluded from doing so when the trial judge closed the proceedings. The tenor of the analysis would foreshadow that the newspaper was on its way to a 7-1 victory and a holding that gave it the access it sought to the judicial proceeding. And the tone of …