A new video game in which the player stalks and shoots fellow students and teachers in school settings is drawing fire from school district officials. "School Shooter: North American Tour 2012" is a first-person game that allows the player to move around a school and collect points by killing defenseless students and teachers. The game,…

One central aspect of a healthy democracy is the practice of democratic dissent. For the first time in many years, dissent is being widely practiced in town hall meetings and on street corners across the United States. Despite this presence, dissent is often suppressed or omitted in the prescribed, tested, hidden, and external curriculum of US…

This dissertation is a "public forum" legal case study on the federal court case "Madison v. Wolf" (2005) involving a conflict over the exercise of First Amendment speech rights on the Auraria Higher Education Center (AHEC) campus in Denver, Colorado. The dissertation involves the content analysis of the "Mason v.…

History has placed the stamp of approval on the publication of the Pentagon Papers, the top-secret history of the Vietnam War. If WikiLeaks editor-in-chief Julian Assange is another Daniel Ellsberg, then it is possible the website's disclosures will be viewed over time as similarly in the public interest. A classroom discussion on the release of…

Explores the concepts of freedom and responsibility in the context of First Amendment theory through an examination of the interrelationships between defamation law, access to media, and media credibility. Calls for a reassessment of the importance of defamation law in First Amendment theory. (JMF)

Supreme Court Justice Antonin Scalia has been labeled an "enemy of the press" for his judicial opinions restricting or inhibiting the press's right to protected opinion. However, examination of his record suggests that his rulings do not constitute such a threat to journalistic freedom as many have been led to believe. His opinions…

Staggered by some recent libel verdicts, many journalists are neglecting lessons about press freedom learned at great cost during the seventeenth and eighteenth centuries. Journalists then learned that state power over the press, residing in the hands of either censors or judges, leads to a decrease in press freedom. In 1986, though, many media…

Through a case study of Minnesota daily newspaper editorials, this paper examines the extent to which one state's newspapers championed the freedoms of speech and press during the national crisis of World War I. The historical relationship of the press and First Amendment defense is briefly reviewed. Guided by the question "How did the…

An examination of recent cases involving press releases and public relations writers indicates that courts have devised several ways, including the use of guidelines set out by the Ollman (from "Ollman v. Evans") four-factor test, to make the distinction between fact and opinion. The four-factor test helps courts to assess (1) whether…

To examine the status of opinion as protected speech, a study sought answers to three questions: (1) Is opinion protected under the constitution? (2) If protection exists for opinion, has it usurped the common law fair comment defense in libel litigation? and (3) How do the courts define opinion in the context of libel? Answers were sought in…

Since, in most cases, sequestration is no longer an option for judges to insure an impartial jury, judicial restraints or suppression orders directed at trial participants have become increasingly attractive. The problem is that the press has a desire to disseminate information about the judicial process to the public. Silence orders prohibiting…

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…

Presents a brief overview of both the common law and constitutional privileges protecting the expression of opinion. Notes that, although the case of "Ollman v. Evans" provides a four-factor test to make the fact-opinion distinction, ambiguity is still evident in many cases. (MM)

We are in the midst of a genuine First Amendment Crises. Government officials, who are totally immune from libel or slander suits for anything they write or say or do in office, are free to sue the people they are supposed to serve. Examples are provided. (RM)

Two strong constitutional principles--the right of privacy and freedom of the press--are headed for a major confrontation in the courts. This document explores the complex problems involved in balancing the interests of individuals and of society (the first amendment is a remedy against government, not a weapon against the people). Consideration…