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>First Amendment Trends

Foreword
The First Amendment: Rock Star of the American Constitution

By Floyd Abrams... American First Amendment law, former United States solicitor general and associate justice of the Supreme Judicial Court of Massachusetts Charles Fried has rightly said, “is the most libertarian and speech protective of any liberal democratic regime.” As such, its consequences and implications are profound. The exceptionalism of the United States in [...]

By | 2017-10-20T17:59:56+00:00 October 18th, 2017|First Amendment Trends|Comments Off on Foreword
The First Amendment: Rock Star of the American Constitution

Supporting the First Amendment: More Than Just Talk?

By Robert Corn-Revere… As usual, the story began with some unhinged tweets from the president: “With all of the Fake News coming out of NBC and the Networks, at what point is it appropriate to challenge their License? Bad for country!” Lest he be misunderstood, Trump followed his first volley with this: “Network news has [...]

By | 2017-11-15T12:05:39+00:00 November 15th, 2017|First Amendment Trends|0 Comments

Free Expression and Privacy: Can New European Laws Reach U.S. Publishers?

By Kurt Wimmer... Since the advent of publishing on the Internet, media companies have been concerned about the reach of international jurisdiction over U.S. publishers. Repeatedly, media companies with few contacts outside of the United States have been subjected to the jurisdiction of distant courts in countries from Australia to Zimbabwe applying their own domestic [...]

By | 2017-11-09T00:45:37+00:00 November 9th, 2017|First Amendment Trends|0 Comments

But Is It ‘Speech’?

By Laurence H. Winer... A Sunday “Peanuts” comic strip (from a bygone era) begins with Charlie Brown and friends on the baseball diamond. The character “Rerun,” too small to play, sits dejected on the sidelines. But when the ball bounces his way, Rerun scoops up his “souvenir” and scampers off with it. The gang [...]

By | 2017-10-18T10:25:57+00:00 October 18th, 2017|First Amendment Trends|Comments Off on But Is It ‘Speech’?

Free Speech, Fake News, and Social Media

By Rod Smolla... Is It the Medium or the Message? “The medium is the message,” wrote the American philosopher Marshall McLuhan.[1]   From the inception of the Internet, American law has been vexed by whether to follow McLuhan’s dictum, or instead insist on its opposite. In fashioning the constitutional, common-law, and statutory doctrines that govern liability [...]

By | 2017-10-18T10:14:36+00:00 October 18th, 2017|First Amendment Trends|Comments Off on Free Speech, Fake News, and Social Media

Truth of Facts Underlying Attribution to a Source: An Absolute Defense in Public Official Libel Context

By John Bussian... In the lore of the American First Amendment, truth as a defense to libel is an article of faith.  As it should be.  Since the fabled 1735 trial of New York publisher John Peter Zenger, there has not been a serious, much less a successful effort to argue that truth of the [...]

By | 2017-10-18T10:25:22+00:00 October 18th, 2017|First Amendment Trends|Comments Off on Truth of Facts Underlying Attribution to a Source: An Absolute Defense in Public Official Libel Context