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Journalists Shield Laws And The First Amendment
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Book Synopsis Journalists, Shield Laws and the First Amendment by : Ulan C. Pracene
Download or read book Journalists, Shield Laws and the First Amendment written by Ulan C. Pracene and published by Nova Novinka. This book was released on 2005 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt: Absent a statutory or constitutional recognition of journalistic privilege, a reporter may be compelled to testify in legal, administrative, or other governmental proceedings. To date, thirty-one states and the District of Columbia have recognised a journalists' privilege through enactment of press 'shield laws', which protect the relationship between reporters, their source, and sometimes, the information that may be communicated in that relationship. The journalists' privilege is distinct from other recognised privileges, in that the privilege vests only with the journalist, not with the source of the information. This book provides an overview of general trends among the states individual statutes. It also presents the full text of the state shield statutes and the First Amendment.
Book Synopsis A Theory of Shield Laws by : Dean C. Smith
Download or read book A Theory of Shield Laws written by Dean C. Smith and published by LFB Scholarly Publishing. This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this history of debate over journalists¿ confidential sources, starting in 1894, Smith employs contemporary theories of constitutional interpretation to weave a surprising narrative melding legislature-made statutory law and court-made constitutional law. Working under the banner of ¿popular constitutionalism,¿ Smith tests Michael Gerhardt¿s theory of non-judicial precedents to illuminate the role journalists and press advocates played in shaping the path of constitutional law and giving voice to deeply felt First Amendment values. Along the way, the author corrects the historical record in important ways, including recasting events that led to the nation¿s first shield law in 1896.
Book Synopsis Freedom for the Thought That We Hate by : Anthony Lewis
Download or read book Freedom for the Thought That We Hate written by Anthony Lewis and published by ReadHowYouWant.com. This book was released on 2010 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: More than any other people on earth, we Americans are free to say and write what we think. The press can air the secrets of government, the corporate boardroom, or the bedroom with little fear of punishment or penalty. This extraordinary freedom results not from America’s culture of tolerance, but from fourteen words in the constitution: the free expression clauses of the First Amendment.InFreedom for the Thought That We Hate, two-time Pulitzer Prize-winner Anthony Lewis describes how our free-speech rights were created in five distinct areas—political speech, artistic expression, libel, commercial speech, and unusual forms of expression such as T-shirts and campaign spending. It is a story of hard choices, heroic judges, and the fascinating and eccentric defendants who forced the legal system to come face to face with one of America’s great founding ideas.
Download or read book In Re Sullivan written by and published by . This book was released on 1981 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book In Re Grand Jury Proceedings written by and published by . This book was released on 1981 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Saving the News written by Martha Minow and published by Oxford University Press. This book was released on 2021 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: "As traditional for-profit news media in the United States declines in economic viability and sheer numbers of outlets and staff, what does and what should the constitutional guarantee of freedom of the press mean? The book examines the current news ecosystem in the U.S. and chronicles historical developments in government involvement in shaping the industry. It argues that initiatives by the government and by private-sector actors are not only permitted but called for as transformations in technology, economics, and communications jeopardize the production and distribution of and trust in news and the very existence of local news reporting. It presents ten proposals for change to help preserve the free press essential to our democratic society"--
Download or read book State of War written by James Risen and published by Simon and Schuster. This book was released on 2008-09-04 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: With relentless media coverage, breathtaking events, and extraordinary congressional and independent investigations, it is hard to believe that we might not know some of the most significant facts about the presidency of George W. Bush. Yet beneath the surface events of the Bush presidency lies a secret history -- a series of hidden events that makes a mockery of many of the stories on the surface. This hidden history involves domestic spying, abuses of power, and outrageous operations. It includes a CIA that became caught in a political crossfire it could not withstand, even against the wishes of the commander-in-chief. It features a president who created a sphere of deniability, in which his top aides were briefed on matters of the utmost sensitivity -- but the president was carefully kept in ignorance. STATE OF WAR reveals this hidden history for the first time, including scandals that will redefine the Bush presidency.
Book Synopsis National Security, Leaks and Freedom of the Press by : Lee C. Bollinger
Download or read book National Security, Leaks and Freedom of the Press written by Lee C. Bollinger and published by Oxford University Press. This book was released on 2021 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fighting for balance / Avril Haines -- Crafting a new compact in the public interest : protecting the national security in an era of leaks / Keith B. Alexander and Jamil N. Jaffer -- Leaks of classified information : lessons learned from a lifetime on the inside/ Michael Morell -- Reform and renewal : lessons from Snowden and the 215 program / Lisa O. Monaco -- Government needs to get its own house in order / Richard A. Clarke -- Behind the scenes with the Snowden files : "how the Washington Post and national security officials dealt with conflicts over government secrecy" / Ellen Nakashima -- Let's be practical : a narrow post-publication leak law would better protect the press / Stephen J. Adler and Bruce D. Brown -- What we owe whistleblowers / Jameel Jaffer -- The long, (futile?) Fight for a federal shield law / Judith Miller -- Covering the cyberwars : the press vs the government in a new age of global conflict / David Sanger -- Outlawing leaks / David A. Strauss -- The growth of press freedoms in the United States since 9/11 / Jack Goldsmith -- Edward Snowden, Donald Trump, and the paradox of national security whistleblowing / Allison Stanger -- Information is power : exploring a constitutional right of access / Mary-Rose Papandrea -- Who said what to whom / Cass R. Sunstein -- Leaks in the age of Trump / Louis Michael Seidman the report of the commission, Lee C. Bollinger, Eric Holder, John O. Brennan, Ann Marie Lipinski, Kathleen Carroll, Geoffrey R. Stone, Stephen W. Coll -- Closing statement / Lee C. Bollinger and Geoffrey R. Stone.
Book Synopsis Free Speech and the Regulation of Social Media Content by : Valerie C. Brannon
Download or read book Free Speech and the Regulation of Social Media Content written by Valerie C. Brannon and published by Independently Published. This book was released on 2019-04-03 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the Supreme Court has recognized, social media sites like Facebook and Twitter have become important venues for users to exercise free speech rights protected under the First Amendment. Commentators and legislators, however, have questioned whether these social media platforms are living up to their reputation as digital public forums. Some have expressed concern that these sites are not doing enough to counter violent or false speech. At the same time, many argue that the platforms are unfairly banning and restricting access to potentially valuable speech. Currently, federal law does not offer much recourse for social media users who seek to challenge a social media provider's decision about whether and how to present a user's content. Lawsuits predicated on these sites' decisions to host or remove content have been largely unsuccessful, facing at least two significant barriers under existing federal law. First, while individuals have sometimes alleged that these companies violated their free speech rights by discriminating against users' content, courts have held that the First Amendment, which provides protection against state action, is not implicated by the actions of these private companies. Second, courts have concluded that many non-constitutional claims are barred by Section 230 of the Communications Decency Act, 47 U.S.C. § 230, which provides immunity to providers of interactive computer services, including social media providers, both for certain decisions to host content created by others and for actions taken "voluntarily" and "in good faith" to restrict access to "objectionable" material. Some have argued that Congress should step in to regulate social media sites. Government action regulating internet content would constitute state action that may implicate the First Amendment. In particular, social media providers may argue that government regulations impermissibly infringe on the providers' own constitutional free speech rights. Legal commentators have argued that when social media platforms decide whether and how to post users' content, these publication decisions are themselves protected under the First Amendment. There are few court decisions evaluating whether a social media site, by virtue of publishing, organizing, or even editing protected speech, is itself exercising free speech rights. Consequently, commentators have largely analyzed the question of whether the First Amendment protects a social media site's publication decisions by analogy to other types of First Amendment cases. There are at least three possible frameworks for analyzing governmental restrictions on social media sites' ability to moderate user content. Which of these three frameworks applies will depend largely on the particular action being regulated. Under existing law, social media platforms may be more likely to receive First Amendment protection when they exercise more editorial discretion in presenting user-generated content, rather than if they neutrally transmit all such content. In addition, certain types of speech receive less protection under the First Amendment. Courts may be more likely to uphold regulations targeting certain disfavored categories of speech such as obscenity or speech inciting violence. Finally, if a law targets a social media site's conduct rather than speech, it may not trigger the protections of the First Amendment at all.
Book Synopsis Friend of the Court by : Floyd Abrams
Download or read book Friend of the Court written by Floyd Abrams and published by Yale University Press. This book was released on 2013-06-04 with total page 636 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 1971, when the Pentagon Papers were leaked to the New York Times and furious debate over First Amendment rights ensued, free-speech cases have emerged in rapid succession. Floyd Abrams has been on the front lines of nearly every one of these major cases, which is also to say that, more than any other person, he has forged this country’s legal understanding of free speech. Litigating everything from national-security and prior-restraint issues to controversies concerning the law of libel and attempts by local officials to censor art, Abrams has worked devotedly to protect the First Amendment, the “crown jewel” of America’s Constitution. This collection of Abrams’s writings gathers speeches, articles, debates, briefs, oral arguments, and testimony from his entire career. The writings illuminate topics of ongoing import: WikiLeaks, the correctness of the Citizens United case, journalist shield laws, and, not least, the responsibilities of the press. An exceptional writer and a brilliant thinker, Abrams offers a unique perspective on the First Amendment and the unparalleled rights it confers.
Book Synopsis Necessary Secrets: National Security, the Media, and the Rule of Law by : Gabriel Schoenfeld
Download or read book Necessary Secrets: National Security, the Media, and the Rule of Law written by Gabriel Schoenfeld and published by W. W. Norton & Company. This book was released on 2011-05-23 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: An intensely controversial scrutiny of American democracy's fundamental tension between the competing imperatives of security and openness.
Book Synopsis Let the Students Speak! by : David L. Hudson
Download or read book Let the Students Speak! written by David L. Hudson and published by Beacon Press. This book was released on 2011-08-16 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: From a trusted scholar and powerful story teller, an accessible and lively history of free speech, for and about students. Let the Students Speak! details the rich history and growth of the First Amendment in public schools, from the early nineteenth-century's failed student free-expression claims to the development of protection for students by the U.S. Supreme Court. David Hudson brings this history vividly alive by drawing from interviews with key student litigants in famous cases, including John Tinker of Tinker v. Des Moines Independent School District and Joe Frederick of the "Bong Hits 4 Jesus" case, Morse v. Frederick. He goes on to discuss the raging free-speech controversies in public schools today, including dress codes and uniforms, cyberbullying, and the regulation of any violent-themed expression in a post-Columbine and Virginia Tech environment. This book should be required reading for students, teachers, and school administrators alike.
Book Synopsis The Free Speech Century by : Lee C. Bollinger
Download or read book The Free Speech Century written by Lee C. Bollinger and published by . This book was released on 2019 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court's 1919 decision in Schenck vs. the United States is one of the most important free speech cases in American history. Written by Oliver Wendell Holmes, it is most famous for first invoking the phrase "clear and present danger." Although the decision upheld the conviction of an individual for criticizing the draft during World War I, it also laid the foundation for our nation's robust protection of free speech. Over time, the standard Holmes devised made freedom of speech in America a reality rather than merely an ideal. In The Free Speech Century, two of America's leading First Amendment scholars, Lee C. Bollinger and Geoffrey R. Stone, have gathered a group of the nation's leading constitutional scholars--Cass Sunstein, Lawrence Lessig, Laurence Tribe, Kathleen Sullivan, Catherine McKinnon, among others--to evaluate the evolution of free speech doctrine since Schenk and to assess where it might be headed in the future. Since 1919, First Amendment jurisprudence in America has been a signal development in the history of constitutional democracies--remarkable for its level of doctrinal refinement, remarkable for its lateness in coming (in relation to the adoption of the First Amendment), and remarkable for the scope of protection it has afforded since the 1960s. Over the course of The First Amendment Century, judicial engagement with these fundamental rights has grown exponentially. We now have an elaborate set of free speech laws and norms, but as Stone and Bollinger stress, the context is always shifting. New societal threats like terrorism, and new technologies of communication continually reshape our understanding of what speech should be allowed. Publishing on the one hundredth anniversary of the decision that laid the foundation for America's free speech tradition, The Free Speech Century will serve as an essential resource for anyone interested in how our understanding of the First Amendment transformed over time and why it is so critical both for the United States and for the world today.
Book Synopsis The Unwanted Gaze by : Jeffrey Rosen
Download or read book The Unwanted Gaze written by Jeffrey Rosen and published by Vintage. This book was released on 2011-04-20 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: As thinking, writing, and gossip increasingly take place in cyberspace, the part of our life that can be monitored and searched has vastly expanded. E-mail, even after it is deleted, becomes a permanent record that can be resurrected by employers or prosecutors at any point in the future. On the Internet, every website we visit, every store we browse in, every magazine we skim--and the amount of time we skim it--create electronic footprints that can be traced back to us, revealing detailed patterns about our tastes, preferences, and intimate thoughts. In this pathbreaking book, Jeffrey Rosen explores the legal, technological, and cultural changes that have undermined our ability to control how much personal information about ourselves is communicated to others, and he proposes ways of reconstructing some of the zones of privacy that law and technology have been allowed to invade. In the eighteenth century, when the Bill of Rights was drafted, the spectacle of state agents breaking into a citizen's home and rummaging through his or her private diaries was considered the paradigm case of an unconstitutional search and seizure. But during the impeachment of President Bill Clinton, prosecutors were able to subpoena Monica Lewinsky's bookstore receipts and to retrieve unsent love letters from her home computer. And the sense of violation that Monica Lewinsky experienced is not unique. In a world in which everything that Americans read, write, and buy can be recorded and monitored in cyberspace, there is a growing danger that intimate personal information originally disclosed only to our friends and colleagues may be exposed to--and misinterpreted by--a less understanding audience of strangers. Privacy is important, Rosen argues, because it protects us from being judged out of context in a world of short attention spans, a world in which isolated bits of intimate information can be confused with genuine knowledge. Rosen also examines the expansion of sexual-harassment law that has given employers an incentive to monitor our e-mail, Internet browsing habits, and office romances. And he suggests that some forms of offensive speech in the workplace--including the indignities allegedly suffered by Paula Jones and Anita Hill--are better conceived of as invasions of privacy than as examples of sex discrimination. Combining discussions of current events--from Kenneth Starr's tapes to DoubleClick's on-line profiles--with inno-vative legal and cultural analysis, The Unwanted Gaze offers a powerful challenge to Americans to be proactive in the face of new threats to privacy in the twenty-first century.
Book Synopsis Newsgathering and the Law by : Lee Levine
Download or read book Newsgathering and the Law written by Lee Levine and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Good Guys, the Bad Guys and the First Amendment by : Fred W. Friendly
Download or read book The Good Guys, the Bad Guys and the First Amendment written by Fred W. Friendly and published by Random House. This book was released on 2013-01-23 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlike newspapers, TV and radio broadcasting is subject to government regulation in the form of the FCC and the Fairness Doctrine, which requires stations "to devote a reasonable amount of broadcast time to the discussion of controversial issues" and "to do so farily, in order to afford reasonable opportunity for opposing viewpoints." In this provocative book, Fred W. Friendly, former president of CBS News examines the complex and critical arguments both for and against the Fairness Doctrine by analyzing the legal battles it has provoked.
Book Synopsis Game of Shadows by : Mark Fainaru-Wada
Download or read book Game of Shadows written by Mark Fainaru-Wada and published by Penguin. This book was released on 2006-03-23 with total page 535 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the summer of 1998 two of baseball leading sluggers, Mark McGwire and Sammy Sosa, embarked on a race to break Babe Ruth’s single season home run record. The nation was transfixed as Sosa went on to hit 66 home runs, and McGwire 70. Three years later, San Francisco Giants All-Star Barry Bonds surpassed McGwire by 3 home runs in the midst of what was perhaps the greatest offensive display in baseball history. Over the next three seasons, as Bonds regularly launched mammoth shots into the San Francisco Bay, baseball players across the country were hitting home runs at unprecedented rates. For years there had been rumors that perhaps some of these players owed their success to steroids. But crowd pleasing homers were big business, and sportswriters, fans, and officials alike simply turned a blind eye. Then, in December of 2004, after more than a year of investigation, San Francisco Chronicle reporters Mark Fainaru-Wada and Lance Williams broke the story that in a federal investigation of a nutritional supplement company called BALCO, Yankees slugger Jason Giambi had admitted taking steroids. Barry Bonds was also implicated. Immediately the issue of steroids became front page news. The revelations led to Congressional hearings on baseball’s drug problems and continued to drive the effort to purge the U.S. Olympic movement of drug cheats. Now Fainaru-Wada and Williams expose for the first time the secrets of the BALCO investigation that has turned the sports world upside down. Game of Shadows: Barry Bonds, BALCO, and the Steroid Scandal That Rocked Professional by award-winning investigative journalists Mark Fainaru-Wada and Lance Williams, is a riveting narrative about the biggest doping scandal in the history of sports, and how baseball’s home run king, Barry Bonds of the San Francisco Giants, came to use steroids. Drawing on more than two years of reporting, including interviews with hundreds of people, and exclusive access to secret grand jury testimony, confidential documents, audio recordings, and more, the authors provide, for the first time, a definitive account of the shocking steroids scandal that made headlines across the country. The book traces the career of Victor Conte, founder of the BALCO laboratory, an egomaniacal former rock musician and self-proclaimed nutritionist, who set out to corrupt sports by providing athletes with “designer” steroids that would be undetectable on “state-of-the-art” doping tests. Conte gave the undetectable drugs to 28 of the world’s greatest athletes—Olympians, NFL players and baseball stars, Bonds chief among them. A separate narrative thread details the steroids use of Bonds, an immensely talented, moody player who turned to performance-enhancing drugs after Mark McGwire of the St. Louis Cardinals set a new home run record in 1998. Through his personal trainer, Bonds gained access to BALCO drugs. All of the great athletes who visited BALCO benefited tremendously—Bonds broke McGwire’s record—but many had their careers disrupted after federal investigators raided BALCO and indicted Conte. The authors trace the course of the probe, and the baffling decision of federal prosecutors to protect the elite athletes who were involved. Highlights of Game of Shadows include: Barry Bonds A look at how Bonds was driven to use performance-enhancing drugs in part by jealousy over Mark McGwire’s record-breaking 1998 season. It was shortly thereafter that Bonds—who had never used anything more performance enhancing than a protein shake from the health food store—first began using steroids. How Bonds’s weight trainer, steroid dealer Greg Anderson, arranged to meet Victor Conte before the 2001 baseball season with...
