This paper examines recent court decisions that indicate the extent of constitutional protection extended to opinionated statements made during broadcast commentaries. A brief overview of both the common law and constitutional privileges protecting the expression of opinion is also included in the paper. Specifically, the paper evaluates the…

Because recent restrictive changes in cigarette advertising laws have unknown consequences for advertisers, this report outlines the history of the controversy over whether to allow cigarette advertisements, explores its legal status with respect to First Amendment rights for advertisers, and considers potential solutions to the conflict between…

A coalition of health groups wants the R. J. Reynolds Tobacco Company (RJR) to discontinue the use of the Joe Camel cartoon character in its cigarette advertisements. RJR has denied the findings of the three studies published in the "Journal of the American Medical Association" and cited by the health groups--these studies contend that…

Current print and broadcast journalism is moving away from a concept of journalism as "information people need to know" towards a notion of the "Right to Know": everything conceivable about everyone is newsworthy. It is axiomatic that a well-informed public is a better electorate. However, the First Amendment guarantee of…

This paper discuses whether outrageous parodies are and should be protected under the First Amendment. After presenting a definition and a brief history of parody humor, the paper then presents a brief description of the parties to this line of legal controversies. The paper describes the rationale of a line of separate parody cases involving Miss…

A study of reader response to newspaper articles in a defamatory context tested: (1) the judicial assumption that the macro-environment in which statements appear is important to a reader's distinguishing between fact and opinion; (2) the possibility that a byline may influence a reader's characterization of statements; and (3) the idea that…

In 1985 the Inter-American Court of Human Rights ruled that a Costa Rican statute requiring journalists to be licensed violates the American Convention on Human Rights and, by extension, all human rights conventions. Though press freedom advocates hailed it as a major triumph for freedom of expression, the court's ruling was only advisory and has…