Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Holocaust Denial And The First Amendment: The Quest For Truth In A Free Society, Kenneth Lasson
Holocaust Denial And The First Amendment: The Quest For Truth In A Free Society, Kenneth Lasson
All Faculty Scholarship
From the ashes of the Holocaust we have come once again to learn the terrible truth, that the power of Evil cannot be underestimated. Nor can the effect of the spoken and written word. It has been but a half-century since the liberation of Nazi death camps, a little more than a decade since the First International Conference on the Holocaust and Human Rights, and a few short years since the United States Holocaust Memorial Museum first put on display its documentation of horror. Yet today that form of historical revisionism popularly called "Holocaust denial" abounds worldwide in all its …
Two Wrongs Mock A Right: Overcoming The Cohen Maledicta That Bar First Amendment Protection For Newsgathering, Eric Easton
Two Wrongs Mock A Right: Overcoming The Cohen Maledicta That Bar First Amendment Protection For Newsgathering, Eric Easton
All Faculty Scholarship
In Cohen v. Cowles Media Co., Justice Byron R. White wrote that the First Amendment offers no protection from the enforcement of "generally applicable laws" against newsgatherers and that First Amendment protection applies only to information that has been "lawfully acquired." This Article shows that these doctrines are not only false, but have already done serious damage to First Amendment interests. It surveys lower court decisions from around the country to demonstrate the doctrines' pernicious influence, then it evaluates alternative solutions to the problem. The article concludes that the most effective, if least likely, solution would be a rule that …