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Articles 1 - 6 of 6
Full-Text Articles in Social and Behavioral Sciences
The New Abridged Reporter's Privilege: Policies, Principles And Pathological Perspectives, Erik Ugland
The New Abridged Reporter's Privilege: Policies, Principles And Pathological Perspectives, Erik Ugland
Erik Ugland
This Article contends that contemporary arguments about the reporter’s privilege are increasingly situated within a divided framework in which protections for confidential and nonconfidential information are treated as separate interests that lack a shared theoretical justification. This is both a cause and consequence of a broader tendency among judges, legislators, journalists and lawyers to emphasize policy-based conceptions of the privilege that are focused on case-specific calculations of harms and benefits, rather than principle-based conceptions focused on journalistic autonomy and the need for a structural separation of press and government. Policy arguments present the privilege as a narrow, utilitarian device for …
Newspaper Theft, Self-Preservation And The Dimensions Of Censorship, Erik Ugland, Jennifer Lambe
Newspaper Theft, Self-Preservation And The Dimensions Of Censorship, Erik Ugland, Jennifer Lambe
Erik Ugland
One of the most common yet understudied means of suppressing free expression on college and university campuses is the theft of freely-distributed student publications, particularly newspapers. This study examines news accounts of nearly 300 newspaper theft incidents at colleges and universities between 1995 and 2008 in order to identify the manifestations and consequences of this peculiar form of censorship, and to augment existing research on censorship and tolerance by looking not at what people say about free expression but at what they do when they have the power of censorship in their own hands. Among the key findings is that …
The Aims Of Public Scholarship In Media Law And Ethics, Erik Ugland
The Aims Of Public Scholarship In Media Law And Ethics, Erik Ugland
Erik Ugland
This essay urges scholars in media law and ethics to reevaluate the extent and utility of their public-scholar efforts and to consider ways that they can transfer research-based knowledge to public audiences while also playing a more deliberate role in holding media and government institutions accountable. It suggests that the devolution of standards in mass communication, the increasing encroachments on media autonomy, and the broader collapse of power into fewer hands make this a particularly urgent moment for scholars to reengage the public and to abandon their feckless neutrality on public issues. The overarching aim of public scholars ought to …
Newsgathering, Autonomy, And The Special-Rights Apocrypha: Supreme Court And Media Litigant Conceptions Of Press Freedom, Erik Ugland
Erik Ugland
This Article addresses the validity of several long-standing assumptions about the Supreme Court’s free-press jurisprudence and about the arguments made by the media litigants in those cases. It analyzes more than three decades of court opinions and litigant briefs and finds, among other things, no support for the abiding accusation that the media litigants have claimed an elite or preferred constitutional position, or that they have sought judicial recognition of a framework of special rights. The litigants did make distinctions between speech and press, and between the press and public, but they linked their claims to an egalitarian conception of …
Demarcating The Right To Gather News: A Sequential Interpretation Of The First Amendment, Erik Ugland
Demarcating The Right To Gather News: A Sequential Interpretation Of The First Amendment, Erik Ugland
Erik Ugland
The recent spate of cases in which reporters have been subpoenaed, fined, jailed, or otherwise disciplined has laid bare the divisions among the courts over the existence and scope of the “reporter’s privilege.” The cases have also exposed the doctrinal, historical, and theoretical infirmities of the broader legal framework that governs newsgathering. Resolving these conflicts has grown more urgent with the democratization of media and the emergence of bloggers and other news providers who have challenged traditional conceptions of “journalists” and “the press.” To settle these controversies, this Article moves past the courts’ desultory analyses, focuses on core principles, and …
Legal Research In Mass Communication, Erik Ugland, Everette E. Dennis, Donald M. Gillmor
Legal Research In Mass Communication, Erik Ugland, Everette E. Dennis, Donald M. Gillmor
Erik Ugland
No abstract provided.