Most Basic of Rights, The: Truth as a Defense in Cases of Libel and Slander
Early in the establishment of the free press was the notion that truth is a defense in cases of libel and slander. This was a key point of the defense in the Zenger trial of 1734-35. In 1964, in New York Times v. Sullivan, the court went even furthe...
Most Basic of Rights, The: Is Freedom of Speech an Absolute?
Even in the United States free speech is not an absolute. Competing values and interests are sometimes adjudicated in an attempt to design institutions and create legal rights that will meet broader needs.
Most Basic of Rights, The: Freedom of the Press...Has It Gone Too Far?
Freedom of the press was an important element from the early years of this country. For a brief period in the late 18th century the Sedition Act limited the right of the press to criticize the federal government but that was short lived. Since two W...
Most Basic of Rights, The: Implied Right of Privacy, The
In 1965 the Supreme Court added privacy to the list of protections, reasoning that the freedoms in the Bill of Rights imply an underlying right of privacy. In succeeding decades that interpretation has led to several controversial decisions like Roe...
Most Basic of Rights, The: Increased Protection for Free Speech
Protections for free speech increased throughout the 20th century. In reviewing cases that arose from the Espionage Act in World War I, the Supreme Court established a "clear and present danger" standard. Even during the McCarthy era, the idea of cr...
Rights of the Accused: Rules of Law
In 1966 Ernesto Miranda appealed a rape conviction to the Supreme Court and became the center of a landmark decision. His conviction was overturned on the basis that he had signed a confession without knowing he had the right to remain silent or hav...
Most Basic of Rights, The: Obscenity...Is It Free Speech?
In terms of freedom of expression, equality interests are often at odds with liberty interests when it comes to obscenity. The trick with obscenity is to define it. The written word is rarely labeled as obscene, and fewer and fewer visual materials ...
Rights of the Accused: Fallout from Prison Population Growth
With so much emphasis on arresting and punishing people, the prison population has expanded massively At San Quentin, 40% of inmates are imprisoned because of drug offenses, not counting those convicted for crimes where drugs were involved. It is im...