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.…

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…

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…

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)

The establishment of First Amendment protection for statements of opinion has extended the category of protected expression, but judicially created tests for distinguishing fact from opinion provide limited guidance for judges and place little constraint on judicial interpretation of language. In writing the Supreme Court's majority opinion in…

A study examined the effects of the Children's Television Act of 1990 on television stations' freedom to schedule programs. Subjects were programming directors responsible for scheduling children's blocks in the Flint-Saginaw-Bay City, Michigan, TV market, the nation's 60th largest. The four program directors, whose stations were major network…

Reactions to the retirement of Justice Sandra Day O'Connor and debate over the president's replacement nomination, Judge John Roberts, Jr., of the D.C. Circuit, dominated this summer's Supreme Court recess. Subsequently, after Chief Justice William H. Rehnquist's death on September 3, 2005, President Bush nominated Roberts for the chief justice…

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…