Pub. Date:
Prometheus Books
Freedom of the Press: The First Amendment

Freedom of the Press: The First Amendment

by Garrett Epps
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  • Product Details

    ISBN-13: 2901591025633
    Publisher: Prometheus Books
    Publication date: 01/29/2008
    Series: Bill of Rights Series
    Edition description: New Edition
    Pages: 320
    Product dimensions: 6.00(w) x 1.25(h) x 9.00(d)

    About the Author

    Garrett Epps (Eugene, OR) is the Orlando John & Marian H. Hollis Professor of Law at the University of Oregon School of Law. He is the author of Democracy Reborn: The Fourteenth Amendment and the Fight for Equal Rights in Post-Civil War America; To an Unknown God: Religious Freedom on Trial; two novels; and many scholarly articles.

    Table of Contents

    Series Editor's Preface David B. Oppenheimer 11

    Acknowledgments 15

    Introduction Garrett Epps 17

    Part I Historical Foundations

    Areopagitica John Milton 29

    "An Apology for the Printers" Benjamin Franklin 40

    "An American 'Cato' Defends Criticism of the Government" Cato 46

    "Sentiments on the Liberty of the Press" Andrew Bradford 52

    Andrew Hamilton Defends John Peter Zenger Andrew Hamilton 57

    "Libels; Liberty of the Press" William Blackstone 65

    "The Federalist No. 84" Alexander Hamilton 68

    Reply to the Pennsylvania Minority Noah Webster 71

    "Letter to Edward Carrington" Thomas Jefferson 74

    "The Virginia Report of 1799" James Madison 76

    From Democracy in America Alexis de Tocqueville 87

    Part II Expansion Through Case Law

    Contempt of Court: Patterson v. Colorado 99

    Publishing Dissenting Views in Wartime: Frohwerk v. United States 103

    "Prior Restraint": Near v. Minnesota 107

    The Press and the "Taxes on Knowledge": Grosjean v. American Press Company 115

    The End of Seditious Libel: New York Times v. Sullivan 121

    Broadcast Licensees and "Fairness": Red Lion Broadcasting Company v. FCC 133

    Censorship and "National Security": New York Times v. United States 141

    Is There a "Journalist's Privilege"?: Branzburg v. Hayes 151

    Narrowing Obscenity: Miller v. California 164

    Newspapers and "the Right of Reply": Miami Herald v. Tornillo 170

    Free Press and Fair Trial: Nebraska Press Association v. Stuart 176

    Reporting on Judicial Discipline: Landmark Communications, Inc. v. Virginia 188

    Prior Restraint and the End of the World: United States v. Progressive, Inc. 195

    "Pornography" and Women's Rights:American Booksellers Association, Inc. v. Hudnut 203

    Offensive Parody: Hustler Magazine v. Falwell 210

    Access to Criminal Trials: Richmond Newspapers, Inc. v. Virginia 216

    Promises of Confidentiality as "Contracts": Cohen v. Cowles Media 226

    Free Speech on the Internet: Reno v. American Civil Liberties Union 233

    Part III Contemporary Thoughts

    "The Bill of Rights" Hugo L. Black 245

    From Toward a General Theory of the First Amendment Thomas Emerson 256

    "Neutral Principles and Some First Amendment Problems" Robert H. Bork 272

    "Or of the Press" Potter Stewart 281

    "The Media That Citizens Need" C. Edwin Baker 286

    From the preface to Emergence of a Free Press Leonard W. Levy 300

    "Rethinking Prior Restraint" John Calvin Jeffries Jr. 307

    "Or of the [Blog]" Paul Horwitz 322


    Constitution of the United States of America 341

    Amendments to the Constitution 357

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