The Fourth Estate and the Constitution: Freedom of the Press in AmericaUniversity of California Press, 02.10.1992 - 372 Seiten In 1964 the Supreme Court handed down a landmark decision in New York Times v. Sullivan guaranteeing constitutional protection for caustic criticism of public officials, thus forging the modern law of freedom of the press. Since then, the Court has decided case after case affecting the rights and restrictions of the press, yet little has ben written about these developments as they pertain to the Fourth Estate. Lucas Powe's essential book now fills this gap. Lucas A. Powe, Jr., a legal scholar specializing in media and the law, goes back to the framing of the First Amendment and chronicles the two main traditions of interpreting freedom of the press to illuminate the issues that today ignite controversy:
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Seite x
... Chapter 9 of this book ) . It was a short step from writing about freedom of the press in the context of Tornillo to deciding that a general volume on the various constitutional issues relating to freedom of the press was both needed ...
... Chapter 9 of this book ) . It was a short step from writing about freedom of the press in the context of Tornillo to deciding that a general volume on the various constitutional issues relating to freedom of the press was both needed ...
Seite xi
... chapters relating to their specific interests . They made my tasks easier and strengthened the book in the pro- cess . The ... Chapter 4 , I refer to his proposals and analysis , the reference is to an article that David is still in the ...
... chapters relating to their specific interests . They made my tasks easier and strengthened the book in the pro- cess . The ... Chapter 4 , I refer to his proposals and analysis , the reference is to an article that David is still in the ...
Seite 2
... Chapter 2 will look at events of the late 1790s in detail . To anticipate for a moment , this is even more outrageous than John Adams's lame - duck appointments in 1801 that led to the famous United States Supreme Court case of Marbury ...
... Chapter 2 will look at events of the late 1790s in detail . To anticipate for a moment , this is even more outrageous than John Adams's lame - duck appointments in 1801 that led to the famous United States Supreme Court case of Marbury ...
Seite 16
... Chapter 1 , demonstrates that the press of the revolutionary era not only took on Great Britain , but attacked patriot policies as well . William Gushing , chief justice of Massachusetts , rhetorically noted to John Adams in 1789 ...
... Chapter 1 , demonstrates that the press of the revolutionary era not only took on Great Britain , but attacked patriot policies as well . William Gushing , chief justice of Massachusetts , rhetorically noted to John Adams in 1789 ...
Seite 19
... chapter each on two different traditions and treatments of freedom of the press . In both legal argument and common discussion , the views of the Founding Fathers are invoked , with what often seems an incredible regularity , to justify ...
... chapter each on two different traditions and treatments of freedom of the press . In both legal argument and common discussion , the views of the Founding Fathers are invoked , with what often seems an incredible regularity , to justify ...
Inhalt
22 | |
51 | |
Freedom of the Press from Times to Times | 79 |
Issues | 107 |
Overview | 109 |
Libel | 110 |
Prior Restraints | 140 |
Access to Sources and Information | 170 |
Models | 231 |
Overview | 233 |
The Right to Know | 235 |
The Fourth Estate | 260 |
Conclusion | 289 |
Notes | 299 |
Index | 345 |
Antitrust | 200 |
Andere Ausgaben - Alle anzeigen
The Fourth Estate and the Constitution: Freedom of the Press in America Lucas A. Powe Eingeschränkte Leseprobe - 1991 |
Häufige Begriffe und Wortgruppen
Amendment American argument attorney Barron believed Bill of Rights Branzburg Broadcasting Burleson Cato's Letters Chapter Chief Justice chilling effect citizens claim Congress constitutional created criminal criticism damages debate decision declaratory judgment defense Democratic-Republican Societies discussion dissent doctrine editor federal Federalists Fiss free press FREE SPEECH freedom of speech Frohwerk Gannett grand jury guarantee harm Herald injunction issue jail Journal judicial Kalven Law Review lawyer legislative libel law libel litigation liberty Madison marketplace ment Miami Herald monopoly Morland noted officials opinion Pat Tornillo Patterson Pentagon Papers plaintiff political Post Potter Stewart press clause printers prior restraints privilege protect published Rabban reason reporter republican Richard Nixon Richmond Newspapers right of reply right to know rule Sedition Act seditious libel Soloski statute story Sullivan Supreme Court Teeter theory tion Tornillo trial judge truth United violated vote Washington wrote York Zenger
Beliebte Passagen
Seite 235 - ... the ultimate good desired is better reached by free trade in ideas, — that the best test of truth is the power of the thought to get itself accepted in the competition of the market ; and that truth is the only ground upon which their wishes safely can be carried out.
Seite 168 - A popular government without popular information or the means of acquiring it is but a prologue to a farce or a tragedy, or, perhaps, both. Knowledge will forever govern ignorance; and a people who mean to be their own governors must arm themselves with the power which knowledge gives.
Seite 69 - The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent.
Seite 209 - Amendment rests on the assumption that the widest possible dissemination of information from diverse and antagonistic sources is essential to the welfare of the public, that a free press is a condition of a free society. Surely a command that the Government itself shall not impede the free flow of ideas does not afford nongovernmental combinations a refuge if they impose restraints upon that constitutionally guaranteed freedom. Freedom to publish means freedom for all and not for some. Freedom to...
Seite 103 - The greater the importance of safeguarding the community from incitements to the overthrow of our institutions by force and violence, the more imperative is the need to preserve inviolate the constitutional rights of free speech, free press and free assembly in order to maintain the opportunity for free political discussion, to the end that government may be responsive to the will of the people and that changes, if desired, may be obtained by peaceful means. Therein lies the security of the Republic,...
Seite 4 - The liberty of the press is indeed essential to the nature of a free state ; but this consists in laying no previous restraints upon publications, and not in freedom from censure for criminal matter, when published. Every freeman has an undoubted right to lay what sentiments he pleases before the public ; to forbid this is to destroy the freedom of the press ; but if he publishes what is improper, mischievous, or illegal, he must take the consequence of his own temerity.
Seite 42 - That the people have a right to freedom of speech, and of writing and publishing their Sentiments ; that the freedom of the press is one of the greatest bulwarks of liberty and ought not to be violated.
Seite 88 - Thus we consider this case against the background of a profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open, and that it may well include vehement, caustic, and sometimes unpleasantly sharp attacks on government and public officials.
Seite 255 - It is not disputed that the Times has had unauthorized possession of the documents for three to four months, during which it has had its expert analysts studying them, presumably digesting them and preparing the material for publication. During all of this time, the Times, presumably in its capacity as trustee of the public's "right to know," has held up publication for purposes it considered proper and thus public knowledge was delayed.