Libel And The First Amendment
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Libel And The First Amendment
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Author : Richard E. Labunski
language : en
Publisher: Routledge
Release Date : 2017-07-12
Libel And The First Amendment written by Richard E. Labunski and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-12 with Law categories.
As the recent cases involving William Westmoreland and Ariel Sharon re-veal, libel suits filed against media organizations have become an increas-ingly serious problem in recent years. The potential for inhibiting news coverage or even putting a news organization out of business has never been greater. This book explores historical and contemporary issues relating to libel suits against media organizations, emphasizing the consequences of the development of libel law for the First Amendment. It also considers the spe-cial problems that broadcasters have with libel suits and their potentially in-hibiting effect on television news coverage. Labunski traces the development of libel law largely from 1964, when the Supreme Court entered the libel arena for the first time and began a twenty-year effort to develop standards that are fair to both sides. He de-scribes the hostile environment which journalists must enter when they de-fend themselves in court. He also demonstrates the complexity and inconsis-tency that have resulted from the state-by-state creation of libel standards. Labunski offers suggestions, some more easily accomplished than others, that will help us get out of the libel "morass" which twenty years of Su-preme Court activity and lower court litigation have produced. This book will be of particular value to students of the First Amendment, communica-tion scholars, working journalists, and anyone who wants to better under-stand the complex development of libel laws and the effect of libel suits on news coverage.
Make No Law
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Author : Anthony Lewis
language : en
Publisher: Vintage
Release Date : 1992-09-01
Make No Law written by Anthony Lewis and has been published by Vintage this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992-09-01 with Political Science categories.
A crucial and compelling account of New York Times Co. v. Sullivan, the landmark Supreme Court case that redefined libel, from the Pulitzer Prize–winning legal journalist Anthony Lewis. The First Amendment puts it this way: "Congress shall make no law...abridging the freedom of speech, or of the press." Yet, in 1960, a city official in Montgomery, Alabama, sued The New York Times for libel—and was awarded $500,000 by a local jury—because the paper had published an ad critical of Montgomery's brutal response to civil rights protests. The centuries of legal precedent behind the Sullivan case and the U.S. Supreme Court's historic reversal of the original verdict are expertly chronicled in this gripping and wonderfully readable book by the Pulitzer Prize Pulitzer Prize–winning legal journalist Anthony Lewis. It is our best account yet of a case that redefined what newspapers—and ordinary citizens—can print or say.
Free Speech And Its Relation To Self Government
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Author : Alexander Meiklejohn
language : en
Publisher: The Lawbook Exchange, Ltd.
Release Date : 2000
Free Speech And Its Relation To Self Government written by Alexander Meiklejohn and has been published by The Lawbook Exchange, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Law categories.
Reprint of sole edition. Originally published: New York: Harper Brothers Publishers, [1948]. "Dr. Meiklejohn, in a book which greatly needed writing, has thought through anew the foundations and structure of our theory of free speech . . . he rejects all compromise. He reexamines the fundamental principles of Justice Holmes' theory of free speech and finds it wanting because, as he views it, under the Holmes doctrine speech is not free enough. In these few pages, Holmes meets an adversary worthy of him . . . Meiklejohn in his own way writes a prose as piercing as Holmes, and as a foremost American philosopher, the reach of his culture is as great . . . this is the most dangerous assault which the Holmes position has ever borne." --JOHN P. FRANK, Texas Law Review 27:405-412. ALEXANDER MEIKLEJOHN [1872-1964] was dean of Brown University from 1901-1913, when he became president of Amherst College. In 1923 Meiklejohn moved to the University of Wisconsin- Madison, where he set up an experimental college. He was a longtime member of the National Committee of the American Civil Liberties Union. In 1945 he was a United States delegate to the charter meeting of UNESCO in London. Lectureships have been named for him at Brown University and at the University of Wisconsin. He was awarded the Presidential Medal of Freedom in 1963.
Liars
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Author : Cass R. Sunstein
language : en
Publisher:
Release Date : 2021
Liars written by Cass R. Sunstein and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Law categories.
Worldwide, people are circulating damaging lies and falsehoods through powerful social media platforms that reach billions. They range from claims that COVID-19 is a hoax to the theory that vaccines cause autism. In Liars, Cass Sunstein argues that free societies must generally allow falsehoods and lies, which cannot be excised from democratic debate. At the same time, governments should regulate specific kinds of falsehoods: those that genuinely endanger health, safety, and the capacity of the public to govern itself. Sunstein concludes that government and private institutions, like Facebook and Twitter, currently allow far too many lies, including those that threaten public health and democracy.
Defamation And Freedom Of Speech
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Author : Dario Milo
language : en
Publisher: OUP UK
Release Date : 2008-02-14
Defamation And Freedom Of Speech written by Dario Milo and has been published by OUP UK this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-02-14 with Language Arts & Disciplines categories.
The book examines the law of defamation, and argues that it must be reformed in a number of ways in order to balance two important constitutional rights, the right to reputation and the right to freedom of expression. The book analyses how far the media and others should be entitled to go in reporting on important matters of public interest in society, such as corruption and misconduct in public office. It also examines where the line should be drawn between a public figure's public and private life.
Slapps
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Author : George William Pring
language : en
Publisher: Temple University Press
Release Date : 1996
Slapps written by George William Pring and has been published by Temple University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Law categories.
In a democracy that for over 200 years has prided itself on public participation and citizen involvement in government, thousands have been and will be the targets of multi-million-dollar lawsuits. They will be sued for such "all-American" activities as circulating a petition, writing a letter to the editor, testifying at a public hearing, reporting violations of the law, filing an official complaint, lobbying for legislation, or otherwise communicating their views. Such cases, named "Strategic Lawsuits Against Public Participation," with their apropos acronym, SLAPPs, are a shocking abuse of one of our most basic political rights - the Right to Petition. So extensive and grievous is the phenomenon that Justice Nicholas Colabella remarked, "Short of a gun to the head, a greater threat to First Amendment expression can scarcely be imagined."George W. Pring and Penelope Canan explore the full range of SLAPP stories in this first study of SLAPPs - retaliatory lawsuits by real estate developers; teachers; police; politicians; opponents of civil rights; consumers' rights; women's rights; and many others. This comprehensive book examines what happens to the targets of SLAPPs and what is happening to public participation in American politics. Addressing the ultimate dilemma - what can be done to turn the tables and fight back - Pring and Canan offer concrete, well-supported, balanced solutions for preventing, managing, and curing SLAPPs at all levels of government. Author note: George W. Pring is Professor of Law at the University of Denver. >P>Penelope Canan is Associate Professor of Sociology at the University of Denver. They are the co-directors of the Political Litigation Project at the University of Denver.
The First Amendment
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Author : David L. Hudson
language : en
Publisher:
Release Date : 2012
The First Amendment written by David L. Hudson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Constitutional law categories.
The Negro And The First Amendment
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Author : Harry Kalven
language : en
Publisher: Columbus : Ohio State U. P
Release Date : 1965
The Negro And The First Amendment written by Harry Kalven and has been published by Columbus : Ohio State U. P this book supported file pdf, txt, epub, kindle and other format this book has been release on 1965 with African Americans categories.
Based on lectures at the Ohio State Law Forum in April, 1964, showing the impact of the Negro Civil Rights Movement on the U.S. Constitution First Amendment.
Are Foreign Libel Lawsuits Chilling Americans First Amendment Rights
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Author : United States. Congress. Senate. Committee on the Judiciary
language : en
Publisher:
Release Date : 2010
Are Foreign Libel Lawsuits Chilling Americans First Amendment Rights written by United States. Congress. Senate. Committee on the Judiciary and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
Free Speech And The Regulation Of Social Media Content
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Author : Valerie C. Brannon
language : en
Publisher: Independently Published
Release Date : 2019-04-03
Free Speech And The Regulation Of Social Media Content written by Valerie C. Brannon and has been published by Independently Published this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-03 with Law categories.
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.