MORE ARTICLES FROM ‘Press Analysis’

Press Analysis | Douglas E. Lee

1st Circuit dismisses candidate’s defamation suit

Unless there’s actual malice, ‘more speech, not damages, is the right strike-back against superheated or false rhetoric,’ appeals court rules in case involving 2010 Maine Senate race.

Press Analysis | Douglas E. Lee

2nd Circuit agrees: no subpoena for reporter’s notes

Appeals court affirms trial court’s decision that New York’s shield law protects unpublished information.

Press Analysis • Supreme Court Case | Tony Mauro

Several justices seem to support FCC decency rules

Comments from four justices seem to bode well for the government, but five votes are needed to overturn 2nd Circuit’s ruling.

Press Analysis • Supreme Court Case | David L. Hudson Jr.

Will Court create different standards for broadcast TV, radio?

Incidents of alleged indecency in FCC v. Fox all occurred on TV; case cited in support of broadcast-indecency regulation involved radio.

Press Analysis • Supreme Court Case | Tony Mauro

Justices to ponder full First Amendment freedom for broadcasting

Oral arguments tomorrow in FCC v. Fox Television Stations may offer clues to how the Court may answer that question, as justices hear debate on constitutionality of FCC’s regulation of broadcast indecency.

Press Analysis | Seth Zweifler

Stick figures: ‘Unquestionably lewd’

Ruling puts student newspapers’ public-forum status in doubt (reprinted from the Student Press Law Center).

Press Analysis | Douglas E. Lee

TV station wins ruling on exclusion of candidate from debate

Because it is privately owned, WTTW-11 in Chicago is not a state agent under the First Amendment, district judge rules.

Press Analysis | David L. Hudson Jr.

Tenn. inmate’s wife can pursue libel, false-light lawsuit

Marlorita Battle’s visit with her husband was featured on episode of A&E’s ‘Squad: Prison Police,’ which was examining how drugs are smuggled into prisons.

Press Analysis | David L. Hudson Jr.

Inmate’s affiliation with gang sinks his libel claim

10th Circuit dismisses Jerry Lee Bustos’ suit against A&E, finding substantial-truth doctrine protects cable network that misidentified prisoner as Aryan Brotherhood member.

Press Analysis | Douglas E. Lee

Transit hearings in Big Apple must be open

Fare-skippers, graffiti artists and others no longer can hope to keep their infractions secret after 2nd Circuit rules that people who are cited can’t refuse to allow observers into their hearings.

Press Analysis | Ken Paulson

Federal appeals court finds a right to recap info

Ruling in favor of theflyonthewall.com, which collects and republishes stock recommendations by banks and investment houses, 2nd Circuit says when a prominent firm picks a stock, that’s news.

Press Analysis | Tony Mauro

Federal civil trials: (possibly) coming to a TV screen near you

Pilot project for cameras in federal courts will start next month, but some wonder whether its restrictions will allow enough news coverage to test cameras’ impact.

Press Analysis | David L. Hudson Jr.

Marking a big Supreme Court victory for press freedom

Forty-five years ago today the U.S. Supreme Court protected press freedoms by ruling in Mills v. Alabama that a state could not prohibit election-day newspaper editorials.

Press Analysis | Douglas E. Lee

Ala. ruling reaffirms: Journalists can report rumors

Case involved newspaper’s report of rumors concerning a public official’s government duties; state appeals court says journalists aren’t obligated to investigate whether rumors are true.

Press Analysis | Tony Mauro

FOIA weakened as whistleblower weapon

Supreme Court rules that documents obtained under the Freedom of Information Act cannot form the basis of False Claims Act lawsuits.

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About The First Amendment Center

We support the First Amendment and build understanding of its core freedoms through education, information and entertainment.

The center serves as a forum for the study and exploration of free-expression issues, including freedom of speech, of the press and of religion, and the rights to assemble and to petition the government.

Founded by John Seigenthaler, the First Amendment Center is an operating program of the Freedom Forum and is associated with the Newseum and the Diversity Institute. The center has offices in the John Seigenthaler Center at Vanderbilt University in Nashville, Tenn., and at the Newseum in Washington, D.C.

The center’s programs, including the Religious Freedom Education Project at the Newseum, provide education and information to the public and groups including First Amendment scholars and experts, educators, government policy makers, legal experts and students. The center is nonpartisan and does not lobby or litigate. See First Amendment Center Fact Sheet and FAQs. See internships info.

The center’s website, www.firstamendmentcenter.org, is one of the most authoritative sources of news, information and commentary in the nation on First Amendment issues. It features daily updates on news about First Amendment-related developments, as well as detailed reports about U.S. Supreme Court cases involving the First Amendment, and commentary, analysis and special reports on free expression, press freedom and religious-liberty issues. Support the work of the First Amendment Center.

1 For All

1 for All is a national nonpartisan program designed to build understanding and support for First Amendment freedoms. 1 for All provides teaching materials to the nation’s schools, supports educational events on America’s campuses and reminds the public that the First Amendment serves everyone, regardless of faith, race, gender or political leanings. It is truly one amendment for all. Visit 1 for All at http://1forall.us/

Help tomorrow’s citizens find their voice: Teach the First Amendment

The most basic liberties guaranteed to Americans – embodied in the 45 words of the First Amendment to the U.S. Constitution – assure Americans a government that is responsible to its citizens and responsive to their wishes.

These 45 words are as alive and important today as they were more than 200 years ago. These liberties are neither liberal nor conservative, Democratic nor Republican – they are the basis for our representative democratic form of government.

We know from studies beginning in 1997 by the nonpartisan First Amendment Center, and from studies commissioned by the Knight Foundation and others, that few adult Americans or high school students can name the individual five freedoms that make up the First Amendment.

The lesson plans – drawn from materials prepared by the Newseum and the First Amendment Center – will draw young people into an exploration of how their freedoms began and how they operate in today’s world. Students will discuss just how far individual rights extend, examining rights in the school environment and public places. The lessons may be used in history and government, civics, language arts and journalism, art and debate classes. They may be used in sections or in their entirety. Many of these lesson plans indicate an overall goal, offer suggestions on how to teach the lesson and list additional resources and enrichment activities.

See more about lesson plans.

First Amendment Moot Court Competition

The First Amendment to the U.S. Constitution – the cornerstone of American democracy – is the focus of the National First Amendment Moot Court Competition. Recognized as one of the nation's finest constitutional-law competitions, this annual event features a current First Amendment controversy.

During the two-day competition in February, each team will participate in a minimum of four rounds, arguing a hypothetical based on a current First Amendment controversy before panels of accomplished jurists, legal scholars and attorneys.

Past participants in the National First Amendment Moot Court Competition have represented law schools nationwide, from Brooklyn Law School to Duke University to Arizona State to Harvard.

The 22nd Annual National First Amendment Moot Court Competition is Feb. 16-17, 2012. See registration information and details about the competition.

FIRST AMENDMENT CENTER ARCHIVES

State of the First Amendment survey reports

The State of the First Amendment surveys, commissioned since 1997 by the First Amendment Center and Newseum, are a regular check on how Americans view their first freedoms of speech, press, assembly, religion and petition.

The periodic surveys examine public attitudes toward freedom of speech, press, religion and the rights of assembly and petition; and sample public opinion on contemporary issues involving those freedoms. See the reports.