As a means of providing additional search warrant protection for the news media and others engaged in public communications, the United States Congress adopted the "Privacy Protection Act of 1980." Legal and documentary research conducted over a period of two years has revealed a potential defect of the statute relating to the court…

If the United States Supreme Court is to exercise its historic role as guardian of the fundamental freedoms flowing from the speech and press clauses of the first amendment, it is imperative that those basic freedoms be placed in a preferred position. The preferred position doctrine provides adequate safeguards for both speech and press guarantees…

A recent court decision banned locally-owned newspaper/broadcasting combinations, or cross-ownership, and ordered divestiture to protect the public interest according to the First Amendment. However, these rulings promoting cross-ownership divestiture merit questioning for several reasons. First, evidence reveals that locally-owned television…

The individual's right to privacy has evolved into a concept that can affect photojournalists' newsgathering efforts in nearly every state in the nation. In addition to the many states that have recognized the right of privacy through common or statutory laws, the United States Supreme Court has dealt with the issue of an invasion of privacy by…

Serious constitutional problems arise when the contempt power of judges clashes with other compelling interests such as those of the First Amendment. The "collateral bar" rule--which requires that court orders, even those later determined to be unconstitutional, must be complied with until amended or vacated--in effect, calls for…

The foundations of the public's right to know what the government is doing and the limitations placed on that right are explored in this paper. The role of the press in furthering the people's right to know is also discussed. Sections in the paper deal with the following topics: (1) general and historical thought on the right to know; (2) the…

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…

While the First Amendment guarantees an individual the right to be heard, this is an issue distinct from assuring the opportunity to be heard. In broadcast media, the opportunity, or access, has been largely determined by two factors: economics, or who owns the means to an audience, and the Federal Communications Commission (FCC) regulation of the…

Recent rulings of the United States Supreme Court and other courts have tried to maintain a balance between a free and unintimidated press and some measure of protection for individuals against libelous accusations. The language of recent rulings suggests that the courts are focusing on impartiality and objectivity in reporting as a standard of…

After a unique court decision forbidding prior restraint in public high school publications in three states, a study was devised based on the responses to individual questionnaires sent to principals, faculty advisers, and student editors in each of the schools in the judicial district involved in the decision. Respondents answered questions…