In 1964 the United States Supreme Court issued a landmark decision, in the case of the New York Times v. Sullivan, that was hailed as a tremendous victory for the news media. This decision changed the law of libel by introducing a fourth requirement of "actual malice" in addition to three previously accepted requirements--publication,…

Analyzes Judge Potter Stewart's voting record on First Amendment cases and concludes that he is one of the strongest supporters of the First Amendment on the Supreme Court. (FL)

First Amendment students were unhappy to see Supreme Court Justice Potter Stewart retire because his voting record demonstrated a favorable attitude toward freedom of speech and press. His replacement, Sandra Day O'Connor, was predicted to be a conservative or moderate who probably would vote consistently with Stewart in other areas, but her…

Reviews Justice Brennan's rationale for imposing restraints on obscenity, the evolution of the "Roth" test to distinguish obscenity from protected speech, and his move away from the test. (FL)

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…

In a case concerning a teenager charged with cross burning, the Supreme Court, in a 9-0 decision, ruled that a St. Paul, Minnesota, ordinance was unconstitutional. Summarizes Justice Scalia's opinion and three concurring opinions that reflect bitter disagreement among the justices. Discusses the meaning of this decision and its implications for…

The nine articles in this collection deal with theoretical and practical freedom of speech issues. Topics discussed include the following: (1) freedom of expression in Thailand and India; (2) metaphors and analogues in several landmark free speech cases; (3) Supreme Court Justice William O. Douglas's views of the First Amendment; (4) the San…

Presents three differing perspectives from American Bar Association members on whether television cameras should be allowed in the courtroom. Contends that cameras should be allowed with differing degrees of certainty: cameras truly open the courts to the public; cameras must be strategically placed; and cameras should be used only with 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…