Staggered by some recent libel verdicts, many journalists are neglecting lessons about press freedom learned at great cost during the seventeenth and eighteenth centuries. Journalists then learned that state power over the press, residing in the hands of either censors or judges, leads to a decrease in press freedom. In 1986, though, many media…

Through a case study of Minnesota daily newspaper editorials, this paper examines the extent to which one state's newspapers championed the freedoms of speech and press during the national crisis of World War I. The historical relationship of the press and First Amendment defense is briefly reviewed. Guided by the question "How did the…

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…

This paper examines recent court decisions that indicate the extent of constitutional protection extended to opinionated statements made during broadcast commentaries. A brief overview of both the common law and constitutional privileges protecting the expression of opinion is also included in the paper. Specifically, the paper evaluates the…

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…

In the "United States v. the 'Progressive'," the United States government took a small left-wing magazine to court to prevent publication of an article on how a hydrogen bomb works. Amidst great controversy over what the article described and what data were secret and what were not, a federal judge granted an injunction against the…

This document focuses on freedom of information during 1975. The first section focuses on possible threats to First Amendment freedoms during 1976. The second section focuses on the problems and threats to journalists of S.1, the Senate legislation introduced at the start of the new Congress which aims to revise American criminal law. The third…

This book provides a collection of major cases and selected reprints of important articles from leading law journals, about obscenity, censorship, rights of privacy, and other First Amendment problems. The 50 Supreme Court decisions and 17 interpretive articles examine the legal activism of the Warren and Burger courts, from the 1960s through the…

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…

Restricted to books on freedom of speech, this annotated bibliography offers a list of 38 references pertinent to the subject. Also included is a list of 18 ERIC documents on freedom of speech, and information on how to order them. (JC)

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…

The First Amendment protects editors of school newspapers. Accordingly, school policy should offer students due process rights, and the newspaper adviser, who is instrumental in controlling the content of student publications, should be chosen with care. (TE)