Since, in most cases, sequestration is no longer an option for judges to insure an impartial jury, judicial restraints or suppression orders directed at trial participants have become increasingly attractive. The problem is that the press has a desire to disseminate information about the judicial process to the public. Silence orders prohibiting…

Presents a brief overview of both the common law and constitutional privileges protecting the expression of opinion. Notes that, although the case of "Ollman v. Evans" provides a four-factor test to make the fact-opinion distinction, ambiguity is still evident in many cases. (MM)

Two strong constitutional principles--the right of privacy and freedom of the press--are headed for a major confrontation in the courts. This document explores the complex problems involved in balancing the interests of individuals and of society (the first amendment is a remedy against government, not a weapon against the people). Consideration…

Intended to summarize the ideals underlying the struggle for freedom of the press and to reinforce the basic Constitutional principles upon which the United States functions, this collection of quotations reflects the beliefs of prominent people throughout history who have championed press freedom, as well as the ideas of some who have opposed it.…

A study analyzed U.S. Supreme Court Justice Lewis Powell's court opinions on First Amendment issues that affect the daily work of journalists. The results showed that he preferred compromises, guidelines, and tests to either/or solutions. Because Powell sought to balance all interests, he developed no firm theoretical position on the First…

Supreme Court Justice Antonin Scalia has been labeled an "enemy of the press" for his judicial opinions restricting or inhibiting the press's right to protected opinion. However, examination of his record suggests that his rulings do not constitute such a threat to journalistic freedom as many have been led to believe. His opinions…

Although the First Amendment guarantees the rights of freedom of speech and press, these rights are not absolute. With freedom comes the knowledge that irresponsible action can lead to the regulation of that freedom by others. The courts must balance conflicting rights in cases, such as press coverage of criminal trials, where irresponsible…

This book, an account of the "Red Lion" Supreme Court case and similar cases that arose after that decision, discusses the implications and problems inherent in enforcing the Federal Communications Commission's "Fairness Doctrine." After a detailed chronicle of the Red Lion case, the book relates applications of the Fairness…

Freedom of the press and the extent of constraints upon that freedom are examined. Some recent Supreme Court rulings are discussed. (RM)

The purpose of this study was to determine the attitudes of teenagers toward the First Amendment, to compare the attitudes of Florida teenagers with those of non-Florida teenagers, and to compare the attitudes of journalism students with teenagers not in journalism classes. A total of 430 students from Florida high schools and 457 from high…

Over the years the Supreme Court has given academic freedom a special First Amendment status. This study reviewed a selected group of recent cases at public universities, focusing particularly on several where rulings were based either on a professor's public comments or in-class verbiage, in an attempt to assess the current status of academic…

The Supreme Court's consideration of the issue of First Amendment protection for the student press is examined in this paper by analyzing "Hazelwood School District v. Kuhlmeier," where the court ruled that the school is the publisher and that the principal has the right to regulate the content of the newspaper in "any reasonable…