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On July 21, 1990, Associate Justice William J. Brennan, Jr., announced his resignation from the nation's highest court. The judicial career of the man who Wat Hopkins considers the United States Supreme Court's premier protector of expression came to an end. Hopkins examines the body of Justice Brennan's free expression jurisprudence and shows how Justice Brennan's theory of free expression was built on the metaphor of a marketplace of ideas. Hopkins' analysis is based primarily on an examination of the significant free expression cases during Brennan's thirty-four year term. He concludes that Brennan developed a philosophically sound First Amendment theory that was accepted by the Court, but is not being applied today with the force necessary to make it truly effective. This detailed examination of Justice Brennan's jurisprudence is a noteworthy addition to legal history and scholarship.
The need to protect free speech on matters of governing
importance--more than any other element of government--is the
defining factor of a free society. Nowhere in the law is that
prospect more clearly explained than in the opinion in "Times v.
Sullivan." This special issue provides an example of the breadth
and scope of "Times v. Sullivan" and the ways in which the case
continues to impact the jurisprudence of free expression. It is
introduced by two essays designed to provide an overview of the
case, providing insights into the origins of the dispute the Court
was called upon to settle. The next four articles are testimony to
breadth the opinion in this case, particularly dealing with aspects
not often considered. Combined, they all demonstrate the lasting
significance of what may be the most important free expression case
the Court has delivered.
In 1952, legal scholar and historian Frederick S. Siebert published
his monumental study of three centuries of press freedom in
England, in which he enunciated and supported two propositions that
were remarkable for their simplicity. The second of the
propositions has become a guiding principle in the study of free
expression. This special issue provides a remarkable body of work
focusing on this key proposition in the context of one of today's
great tragedies--September 11, 2001. It begins with an essay
examining cycles of stability/stress and the reactions to those
cycles, followed by the application of a concept to courtroom
access issues following September 11. The last two articles provide
an account of how times of stress--the period following the events
of September 11, in particular--inhibit academic freedom and an
overview of Siebert's life and work.
The need to protect free speech on matters of governing importance--more than any other element of government--is the defining factor of a free society. Nowhere in the law is that prospect more clearly explained than in the opinion in Times v. Sullivan. This special issue provides an example of the breadth and scope of Times v. Sullivan and the ways in which the case continues to impact the jurisprudence of free expression. It is introduced by two essays designed to provide an overview of the case, providing insights into the origins of the dispute the Court was called upon to settle. The next four articles are testimony to breadth the opinion in this case, particularly dealing with aspects not often considered. Combined, they all demonstrate the lasting significance of what may be the most important free expression case the Court has delivered.
In 1952, legal scholar and historian Frederick S. Siebert published his monumental study of three centuries of press freedom in England, in which he enunciated and supported two propositions that were remarkable for their simplicity. The second of the propositions has become a guiding principle in the study of free expression. This special issue provides a remarkable body of work focusing on this key proposition in the context of one of today's great tragedies--September 11, 2001. It begins with an essay examining cycles of stability/stress and the reactions to those cycles, followed by the application of a concept to courtroom access issues following September 11. The last two articles provide an account of how times of stress--the period following the events of September 11, in particular--inhibit academic freedom and an overview of Siebert's life and work.
The federal Freedom of Information Act (FOIA), which recently turned 50, has been hailed as the primary means by which US citizens can know about how their governors operate in a democratic republic. Recently, however, it has been criticized as ineffective because it is cumbersome and full of loopholes. This book examines the role and effectiveness of the FOIA, comparing the FOIA world with the pre-FOIA world, rating its effectiveness compared to other access laws internationally, examining ways in which it can be improved, and questioning whether it should be dismantled and replaced. This book was originally published as a special issue of Communication Law and Policy.
The federal Freedom of Information Act (FOIA), which recently turned 50, has been hailed as the primary means by which US citizens can know about how their governors operate in a democratic republic. Recently, however, it has been criticized as ineffective because it is cumbersome and full of loopholes. This book examines the role and effectiveness of the FOIA, comparing the FOIA world with the pre-FOIA world, rating its effectiveness compared to other access laws internationally, examining ways in which it can be improved, and questioning whether it should be dismantled and replaced. This book was originally published as a special issue of Communication Law and Policy.
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