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Literary Journalism on Trial - Masson V. ""New Yorker"" and the First Amendment (Paperback)
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Literary Journalism on Trial - Masson V. ""New Yorker"" and the First Amendment (Paperback)
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In November 1984, Jeffrey Masson filed a libel suit against writer
Janet Malcolm and the New Yorker, claiming that Malcolm had
intentionally misquoted him in a profile she wrote for the magazine
about his former career as a Freud scholar and administrator of the
Freud archives. Over the next twelve years the case moved up and
down the federal judicial ladder, at one point reaching the U.S.
Supreme Court, as lawyers and judges wrestled with questions about
the representation of ""truth"" in journalism and, by extension,
the limits of First Amendment protections of free speech. Had a
successful Freudian scholar actually called himself an
""intellectual gigolo"" and ""the greatest analyst who ever
lived""? Or had a respected writer for the New Yorker knowingly
placed false, self-damning words in her subject's mouth?In
""Literary Journalism on Trial"", Kathy Roberts Forde explores the
implications of Masson v. New Yorker in the context of the history
of American journalism. She shows how the case represents a
watershed moment in a long debate between the advocates of
traditional and literary journalism and explains how it reflects a
significant intellectual project of the period: the postmodern
critique of objectivity, with its insistence on the instability of
language and rejection of unitary truth in human affairs. The case,
Forde argues, helped widen the perceived divide between ideas of
literary and traditional journalism and forced the resolution of
these conflicting conceptions of truth in the constitutional arena
of libel law.By embracing traditional journalism's emphasis on fact
and objectivity and rejecting a broader understanding of truth, the
Supreme Court turned away from the First Amendment theory
articulated in previous rulings, opting to value less the free,
uninhibited interchange of ideas necessary to democracy and more
the ""trustworthiness"" of public expression. The Court's decision
in this case thus had implications that reached beyond the legal
realm to the values and norms expressed in the triangular
relationship between American democracy, First Amendment
principles, and the press.
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