Contemplating Media & the First Amendment
"That people find free speech offensive is not a sufficient reason for suppressing it. If Indeed it is the speaker’s opinion that gives offense that consequence is a reason for according it constitutional protection": By Chief Justice William Rehnquist FCC v Pacifica Foundation Chief Justice William Rehnquist delivered the above statement for the case Hustler Magazine v Falwell... Continue Reading →
The question of whether journalists should have to give up their sources is less about actual journalists than it is a question of whose rights are valued more - the right to the freedom of the press, or the right of the judicial system to function at maximum strength. The Supreme Court ruled in 1972... Continue Reading →
The conflict between securing the freedom of Americans to say, write, and publish what they please, and protecting Americans from the abuse of this freedom, defines the struggle of considering First Amendment legal issues. Every First Amendment topic we’ve discussed so far--obscenity, libel, privacy--deals with this tension between freedom and safety. The issue of confidential... Continue Reading →
Last week, PEN America, a nonprofit that works to defend free expression, sued President Donald Trump in federal court. The lawsuit claims Trump’s statements and actions violate the First Amendment protections of free speech and a free press. “PEN wants the court to block the president from using his office to retaliate against media criticism,”... Continue Reading →
In my last blog post I wrote about Jamal Khashoggi and his death. This week his death understandably is taking up the news headlines. The Saudis have confirmed Khashoggi’s death but now he is to blame. Apparently Khashoggi fought in the Saudi consulate in Istanbul which led to him being killed. The questions we need... Continue Reading →
President Trump seems to have already moved on to his next target.Senator Elizabeth Warren sits in the hot seat as Trump continuously mocks her for claiming to be of Native American descent. If you remember back to last year, Trump was heard referring to Warren as “Pocahontas” during an event at the White House held... Continue Reading →
A federal judge dismissed adult film star Stormy Daniels’ defamation lawsuit against President Donald Trump yesterday in Federal court. Daniels claimed Trump’s tweet attacked the veracity of her account of the incident and that his tweet was false, defamatory and charged her with a serious crime. In an order handed down Monday, U.S. District Judge... Continue Reading →
On October 15, Judge James Otero dismissed Stormy Daniels' defamation lawsuit and ordered her to pay for his legal fees. This lawsuit came about after Daniels claimed in an interview with Anderson that a man approached her and her infant daughter in a parking lot and threatened them both unless they left Trump alone. Trump... Continue Reading →
The death of the Washington Post journalist Jamal Khashoggi has been in the news recently. The Turkish government said Khashoggi was killed in the Saudi Consulate in Istanbul. At first, no one confirmed if he was dead, although it was suspected. Apparently Khashoggi went to the consulate to arrange for a marriage certificate but never came out. Trump said Khashoggi’s death was the possibility of... Continue Reading →
In July of 2015, a virtual hacking went down in the books as debatably an unethical breach of journalistic code. Ashley Madison, a dating website used by millions of people, was hacked exposing the private information of its users. Not only were anonymous covers blown, dates of birth, personal affairs, and credit card numbers were... Continue Reading →
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