[...]... exempt from general laws Thus, in Associated Press v NLRB (1937), the Court confronted a ruling of the National Labor Relations Board that the Associated Press (AP) had violated the National Labor Relations Act (NLRA) when it discharged an employee for engaging in union-organizing activities.10 The AP at the time was a cooperative organization of the press that gathered news and disseminated it to its... individual’s reputation over the freedom to publish false statements Indeed, in many states, the reputational interest was so highly valued that all a plaintiff had to do to obtain a judgment and damages was to allege that the defendant had published a defamatory falsehood related to some aspect of his or her life, and damages were then presumed to exist (on the theory that actual damage to a [ 14 ]... differential taxation.”16 Similarly, in Arkansas Writers’ Project, Inc v Ragland (1987), the Court held unconstitutional a state statute imposing a sales tax on general interest magazines but not on newspapers or special interest magazines, such as religious, professional, trade, and sports journals Once again, the Court held that selective taxation of the press raised the potential for unacceptable government... Blasi, Alan Brinkley, Robert Burt, Kathleen Carroll, Nigel Chapmen, Kevin Close, David Drummond, Sig Gissler, Don Graham, Kent Greenawalt, Miklos Haraszti, David Ignatius, Merit Janow, Nicholas Lemann, Menachern Mautner, Navanethem (Navi) Pillay, Jeff Sachs, Karl Sauvant, Joseph Sax, Joel Simon, Paul Steiger, David Stone, Gwyneth Williams, and Mark Wood Lastly, I wish to thank my wife, Jean As always,... Senior acknowledgments Production Editor Jessica Ryan Overseeing and managing the entire process was my outstanding assistant Carla Matero In Esha Bhandari, Devi Rao, and Jennifer Sokoler, I had the best research assistants one could hope for And Judith Shulevitz added a perceptive and critical outside editor’s eye to help bring the final drafts to completion Susan Glancy, my Chief of Staff, helped balance... decision had great resonance It expressed enthusiasm for not just tolerance of a public debate that was uninhibited, robust, and wide-open. ” It celebrated citizen participation in public discourse and made it unnecessary to fear reprisal for mistakes It admonished public officials to develop the fortitude to live with harsh and even unfair criticism And its view of the First Amendment as a national commitment... [x] Acknowledgments < I have many people to thank for help and assistance on this book, and it is a great pleasure to be able to single out many of them here The invitation from Oxford University Press to write a volume on freedom of the press, which I accepted well in advance of a deadline for submission of a manuscript, gave me the opportunity and the challenge over time to think anew about ideas and. .. nothing approximating a clear and present danger to the nation But, as the decades rolled by, the dissenting opinions of great justices such as Oliver Wendell Holmes, Jr and Louis Brandeis, who eventually argued for a much more robust First Amendment, carried the day In the McCarthy era, however, the nation again slid into intolerance, and the Court again gave its assent During the Vietnam War, the... Chamber case, famously wrote in 1601 of the law’s “three central propositions.” These were, first, that a person may be criminally punished for a libel because libel may lead to a breach of the peace; second, that a libel against a government official is a worse offense than a libel of a private individual because it leads to “the scandal of government”; and third, that even though the 1275 statute criminalized... law (clearly in place at the time the framers adopted the First Amendment) into a decision that came to define the very nature of American democracy: “[W]e consider this case against the background of a profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open, and that it may well include vehement, caustic, and sometimes unpleasantly sharp . Disgust to Humanity Sexual Orientation and Constitutional Law Marth Nussbaum This page intentionally left blank Uninhibited, Robust, and Wide-Open < a free press for a new century Lee. advent of the Internet in the late twentieth century, many American press organizations—particularly newspapers and magazines—have been struggling to remain profi table, and many of them have. ] acknowledgments Production Editor Jessica Ryan. Overseeing and managing the entire process was my outstanding assistant Carla Matero. In Esha Bhandari, Devi Rao, and Jennifer Sokoler, I had