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)

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…

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…

Section B of the Media and Law section of the proceedings contains the following nine papers: "The Professional Person as Libel Plaintiff: Reexamination of the Public Figure Doctrine" (Harry W. Stonecipher and Don Sneed); "The Anti-Federalists and Taxation under the Free Press Clause of the First Amendment" (Brad Thompson);…

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

An attorney for the plaintiffs in the "Smith vs. Board of School Commissioners of Mobile County, Alabama" case recounts his impressions of the trial, focusing on the nature of the press coverage. (NKA)

Section A of the Media and Law section of the proceedings contains the following nine papers: "RICO and the First Amendment: Racketeering Laws Threaten Free Expression" (Matthew D. Bunker and others); "Press Coverage of the Federal Appellate Courts: Technology and a Shared Notion of Newsworthiness" (Rebekah V. Bromley);…

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…