Libel and the First Amendment: Legal History and Practice in Print and Broadcasting

Sampul Depan
Transaction Publishers, 1 Jan 1987 - 251 halaman

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A Hostile Environment
1
Complexity and Inconsistency
29
The Search for Standards
71
The Search for Standards Continues
111
The Private Person
147
Potential for Trouble
181
Getting Out of the Libel Morass
223

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Halaman 50 - The Constitution was ordained and established by the people of the United States for themselves, for their own government, and not for the government of the individual States. Each State established a Constitution for itself, and, in that Constitution, provided such limitations and restrictions on the powers of its particular government as its judgment dictated.
Halaman 59 - Except in matters governed by the Federal Constitution or by Acts of Congress, the law to be applied in any case is the law of the State. And whether the law of the State...
Halaman 36 - ... any false, scandalous and malicious writing or writings against the government of the United States, or either house of the Congress of the United States...
Halaman 44 - There may be narrower scope for operation of the presumption of constitutionality when legislation appears on its face to be within a specific prohibition of the Constitution, such as those of the first ten amendments, which are deemed equally specific when held to be embraced within the Fourteenth.
Halaman 206 - If any licensee shall permit any person who is a legally qualified candidate for any public office to use a broadcasting station, he shall afford equal opportunities to all other such candidates for that office in the use of such broadcasting station...
Halaman 91 - St. Amant v. Thompson, 390 US 727, 88 S.Ct. 1323, 20 L.Ed.2d 262 (1968), the Supreme Court said: These cases are clear that reckless conduct is not measured by whether a reasonably prudent man would have published, or would have investigated before publishing. There must be sufficient evidence to permit the conclusion that the defendant in fact entertained serious doubts as to the truth of his publication.
Halaman 52 - The liberty of the press is indeed essential to the nature of a free state ; but this consists in laying no previous restraints upon publications, and not in freedom from censure for criminal matter when published.
Halaman 77 - A rule compelling the critic of official conduct to guarantee the truth of all his factual assertions — and to do so on pain of libel judgments virtually unlimited in amount — leads to a comparable "self-censorship...
Halaman 44 - Nor need we enquire whether similar considerations enter into the review of statutes directed at particular religious ... or national ... or racial minorities . . . whether prejudice against discrete and insular minorities may be a special condition, which tends seriously to curtail the operation of those political processes ordinarily to be relied upon to protect minorities, and which may call for a correspondingly more searching judicial inquiry.

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