Journal Article•
From Watergate to Ken Starr: Potter Stewart's "Or of the Press" a Quarter Century Later
01 Apr 1999-Hastings Law Journal (University of California, Hastings College of the Law)-Vol. 50, Iss: 4, pp 711
TL;DR: For instance, the authors argued that the Press Clause of the First Amendment was designed to serve a government-checking function, by facilitating systematic scrutiny and critic of the three branches of government to uncover and prevent abuse of government power.
Abstract: Much has happened in the realm of the First Amendment, as well as in constitutional law and politics more generally, in the 25 years since Justice Stewart wrote “Or of the Press.” Today seems a particularly fitting time to take a close second look at Justice Stewart’s ideas, given the recently-concluded impeachment affair that sparked so many people to draw parallels to and distinctions from the Watergate affair that inspired Stewart’s reflections. And so, with memories of Bill Clinton, Ken Starr and Monica Lewinsky still quite fresh, I shall try in the next few paragraphs to sketch my own (admittedly tentative) thoughts on the two big points Justice Stewart advanced a quarter century ago that (1) the so-called Press Clause of the First Amendment was designed to serve a government-checking function, by facilitating systematic scrutiny and critic of the three branches of government to uncover and prevent abuse of government power; and (2) that because of this checking function, the Press Clause ought to be understood as a “structural” provision of the Constitution that gives the “organized press — the daily newspapers and other established news media" — some rights that the rest of us do not necessarily enjoy under the Speech Clause of the First Amendment.
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28 May 2015TL;DR: Oster as mentioned in this paper combines doctrinal and conceptual comparative analysis with descriptive and normative theory, and argues in favour of a media freedom principle based on the significance of the media for public discourse.
Abstract: Domestic constitutions and courts applying international human rights conventions acknowledge the significance of the mass media for a democratic society, not only by granting special privileges but also by imposing enhanced duties and responsibilities to journalists and media companies. However, the challenges of media convergence, media ownership concentration and the internet have led to legal uncertainty. Should media privileges be maintained, and, if so, how is 'the media' to be defined? To what extent does media freedom as a legal concept also encompass bloggers who have not undertaken journalistic education? And how can a legal distinction be drawn between investigative journalism on the one hand and reporting on purely private matters on the other? To answer these questions, Jan Oster combines doctrinal and conceptual comparative analysis with descriptive and normative theory, and argues in favour of a media freedom principle based on the significance of the media for public discourse.
28 citations
Book•
28 Nov 2016TL;DR: In this paper, the authors introduce the legal framework for globalised communication via mass media, and consider the transformative effect globalisation has had on domestic media law, including media economics, media technology, and social norms concerning media publications.
Abstract: This book is the first to incorporate current academic literature and case law on European, transnational, and international media law into a comprehensive overview intended primarily for students. It introduces the legal framework for globalised communication via mass media, and considers the transformative effect globalisation has had on domestic media law. Engaging case examples at the beginning of each chapter, and questions at the end, give students a clearer idea of legal problems and encourage them to think critically. A wide variety of topics - including media economics, media technology, and social norms concerning media publications - are discussed in relation to media law, and numerous references to case law and suggestions for further reading allow students to conduct independent research easily.
13 citations
01 Jan 2015
TL;DR: Although there are nearly fifty words in the First Amendment, a few Supreme Court justices have developed distinctive approaches to free expression by boiling the Amendment down to a single phrase as mentioned in this paper, such as "Congress shall make no law, abridging the freedom of speech, or of the press".
Abstract: Although there are nearly fifty words in the First Amendment, a few Supreme Court justices have developed distinctive approaches to free expression by boiling the Amendment down to a single phrase.1 Justice Hugo Black, for example, thought the essential meaning of “Congress shall make no law … abridging the freedom of speech, or of the press” could be found in just three words: “I read ‘no law … abridging’ to mean no law abridging.”2
2 citations
TL;DR: In this paper, the impact of new media on freedom of expression and media freedom within the context of the European Convention on Human Rights and European Court of Human Rights jurisprudence is considered.
Abstract: This paper considers the impact of new media on freedom of expression and media freedom within the context of the European Convention on Human Rights and European Court of Human Rights jurisprudence. Through comparative analysis of US jurisprudence and scholarship, this paper deals with the following three issues. First, it explores the traditional purpose of the media, and how media freedom, as opposed to freedom of expression, has been subject to privileged protection, within an ECHR context at least. Secondly, it considers the emergence of new media, and how it can be differentiated from the traditional media. Finally, it analyses the philosophical justifications for freedom of expression, and how they enable a workable definition of the media based upon the concept of the media-as-a-constitutional-component.
1 citations