First Amendment Commons^™

Clark V. Community For Creative Non-Violence: First Amendment Safeguards-Their Sum Is Less Than Their Parts, James B. Putney

University of Miami Law Review

No abstract provided.

And Now For A Moment Of Silence: Wallace V. Jaffree, Sylvia Sohn Penneys

University of Miami Law Review

No abstract provided.

Fcc V. League Of Women Voters: Freedom Of Public Broadcasters To Editorialize, Kathy Gregolet

University of Miami Law Review

No abstract provided.

Hawaiian Ripples, Patricia D. White

Articles

Bacchus Imports, Ltd. and Eagle Distributors, Inc.

v.

George Freitas, Director of Taxation of the State of Hawaii

(Docket No. 82-1565)

Argued January 11, 1984

The Death Of A Princess Cases: Television Programming By State-Owned Public Broadcasters And Viewers' First Amendment Rights, Jonathan Goodman

University of Miami Law Review

The United States Court of Appeals for the Fifth Circuit consolidated and reheard en banc two cases in which stateowned public television stations cancelled scheduled broadcasts because of the program's content. After examining the first amendment issues that arise when the government exercises editorial discretion in selecting programs, the author concludes that the Fifth Circuit's opinion does not sufficiently protect viewers' interests.

Extracting Documents And Information From The Internal Revenue Service, Stuart E. Siegel, Stanley I. Langbein

Articles

No abstract provided.

The Right To Scrutinize Government: Toward A First Amendment Theory Of Accountability, Anthony Lewis

University of Miami Law Review

The speaker eschews the view that the press enjoys a "preferred position" under the first amendment and aligns his beliefs with the view of Alexander Meiklejohn-an informed public is necessary for the success of a self-governing democracy. Mr. Lewis analyzes case law and concludes that the Court should cautiously "develop the principle of public accountability as a fundamental premise of the first amendment," guaranteeing a limited right of acquiring information to scrutinize government.

Commentary: The Limited Utility Of The First Amendment As A Means Of Securing Access By The Press And The Public To Proceedings In Criminal Cases, Edward L. Barrett Jr.

University of Miami Law Review

The author examines the models proposed in Gannett Co. v. DePasquale to provide constitutional protection of a public interest in access to judicial proceedings without impairing the interest of the defendant in a fair trial. Whether based on the first amendment or the sixth amendment, a constitutional approach requiring an immediate and delicate balancing of those interests by the trial court would be, in the author's view, unsatisfactory and unworkable. In the alternative, he suggests that legislative rather than judicial balancing may provide a more practical solution.

Note: Richmond Newspapers, Inc. V. Virginia: A Demarcation Of Access, Dennis Scholl

University of Miami Law Review

Several months after this symposium, the Supreme Court announced its decision in Richmond Newspapers, Inc. v. Virginia, holding that the Constitution implicitly guarantees the right of the public to attend a criminal trial, which a court must keep open to the public, absent an express finding of an overriding interest. This note explores the numerous opinions in Richmond Newspapers to determine whether that case has expanded access rights since the recent decision in Gannett Co. v. DePasquale. The author reconciles the two decisions and concludes that the issues raised in the symposium remain vital.

The First Amendment And The Press, Irwin P. Stotzky

University of Miami Law Review

No abstract provided.

Press Rights And Government Power To Structure The Press, C. Edwin Baker

University of Miami Law Review

First, Professor Baker explores an instrumentalist argument for special press rights going beyond those protected by a liberty theory of freedom of speech. Then, in Part II, he examines the threats of -government power and private economic power to freedom of the "press" and considers the permissible extent of government intervention to structure the press or to protect it from private threats.

Panel Discussion

University of Miami Law Review

No abstract provided.

In Search Of Premises, Irving Younger

University of Miami Law Review

No abstract provided.

First Amendment Interest Balancing-Behind Bars?, Teresa L. Mussetto

University of Miami Law Review

This casenote examines the recent decision of Houchins v. KQED; Inc., in which the Supreme Court of the United States narrowly construed the right of access afforded the news media in their coverage of penal facilities. The analysis focuses upon the first amendment methodology utilized by the Court in its decisionmaking process. The author concludes with a critical assessment of the Court's departure from accurate interest balancing technique.