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Freedom Of Thought In The United States: The First Amendment, Marketplaces Of Ideas, And The Internet, John G. Francis, Leslie Francis
Freedom Of Thought In The United States: The First Amendment, Marketplaces Of Ideas, And The Internet, John G. Francis, Leslie Francis
Utah Law Faculty Scholarship
Freedom of thought is not directly protected as a right in the United States. Instead, US First Amendment law protects a range of rights that may allow thoughts to be expressed. Freedom of speech has been granted especially robust protection. US courts have extended this protection to a wide range of commercial activities judged to have expressive content. In protecting these rights, US jurisprudence frequently relies on the image of the marketplace of ideas as furthering the search for truth. This commercial image, however, has increasingly detached expressive rights from the understanding of freedom of thought as a critical forum …
The U.S. Supreme Court’S Characterizations Of The Press: An Empirical Study, Ronnell Anderson Jones, Sonja R. West
The U.S. Supreme Court’S Characterizations Of The Press: An Empirical Study, Ronnell Anderson Jones, Sonja R. West
Utah Law Faculty Scholarship
The erosion of constitutional norms in the United States is at the center of an urgent national debate. Among the most crucial of these issues is the fragile and deteriorating relationship between the press and the government. While scholars have responded with sophisticated examinations of legislators’ and the President’s characterizations of the news media, one branch of government has received little scrutiny—the U.S. Supreme Court. This gap in the scholarship is remarkable in light of the Court’s role as the very institution entrusted with safeguarding the rights of the press. This paper presents the findings of the first comprehensive empirical …