?

Log in

No account? Create an account
Thoughts Online Magazine
Collected Articles on Culture & Politics
The Point, Gentlemen 
11th-Jun-2005 09:27 am
Inspiration
The Man Without Qualities has brilliantly analyzed the problem of journalistic privilege. I'll quote from a Supreme Court case he cites, among others:

And a few years before that the Court had said in Dun & Bradstreet, Inc. V. Greenmoss Builders, 472 U.S. 749 (1985):

We explained in Branzburg v. Hayes, 408 U.S. 665 (1972) that "the informative function asserted by representatives of the organized press" to justify greater privileges under the First Amendment was also "performed by lecturers, political pollsters, novelists, academic researchers, and dramatists." Id., at 705. From its inception, without discussing the issue, we have applied the rule of New York Times to nonmedia defendants. See New York Times, 376 U.S., at 254 , n., 286; Henry v. Collins, 380 U.S. 356 (1965); Garrison v. Louisiana, 379 U.S. 64 (1964). And this Court has made plain that the organized press has a monopoly neither on the First Amendment nor on the ability to enlighten. First National Bank of Boston v. Bellotti, 435 U.S. 765, 782 (1978) See also Pell v. Procunier, 417 U.S. 817 (1974) (press has no independent First Amendment right of access to prisons). Cf. Buckley v. Valeo, 424 U.S. 1, 48 -49 (1976) (the idea that government can restrict the speech of some elements of society to enhance the relative voice of others is "wholly foreign" to the First Amendment).


There's a reason he should be on your blogroll. I'm adding him to mine.

PS. I've updated the link information, thanks to Philalex, whom you should also stop over and read, send effusive thanks to, applaud in public places, and generally recall as a nice guy.
Comments 
11th-Jun-2005 05:01 pm (UTC) - WHo should be on my Blogroll?
No offense, but when I click on it, I get my block. But I didn't write that!
11th-Jun-2005 05:45 pm (UTC) - Re: WHo should be on my Blogroll?
Sorry, goofed. Should have put
http://musil.blogspot.com/ in that space, linking to the right post.

Sigh.

Sometimes I miss paper: it's easier to correct.

Thanks for pointing out my error. Now to see what I have to do to fix it.

Arnold
This page was loaded Apr 21st 2018, 12:09 am GMT.