Computers, Privacy & the Constitution

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MahaAtalFirstPaper 11 - 09 Apr 2009 - Main.MahaAtal
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The Freedom of the Press is Guaranteed to Those who Strive for One

By MahaAtal - 09 Mar 2009
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 Sure Jonathan, I think I was a little oblique in my earlier statement. I apologize. NYT v. Sullivan held that "actual malice" is required in a libel suit against a public figure; however, its holding only covered the situation in which the defendant was a member of the media. Lower courts have come out different ways on whether this protection applies equally to "nonmedia" defendants. The applicability of the New York Times malice standard to cases involving public-figure plaintiffs and nonmedia defendants has to my knowledge not been ruled on by the Supreme Court. Philadelphia Newspapers, Inc. v. Hepps, 475 U.S. 767, 779 (1986); Milkovich v. Lorain Journal Co., 497 U.S. 1, 20 (1990).

-- TheodoreSmith - 8 Apr 2009 \ No newline at end of file

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Ted--For the best explanation of how the professional code of conduct might work as a heuristic, and more generally for good counter-arguments to Rosen, I still recommend Nick Lemann. You suggest separating technological from non-technological questions, but at least in media circles, they aren't separate. Many citizen-bloggers make the argument that BECAUSE technology makes Speech and Press equal everyone should get those Press passes in order to produce their Speech content. To argue that some of them shouldn't get passes (which I believe), you have to untangle the question of what technology does to the Speech/Press line.

On anarchism. There are two ways to go forward if, as the tech-evangelists say, Speech/Press is over as a division. One is to say "We are all Speech," and get rid of press conferences altogether. The other is to say "We are all Press," and authorize everyone to show up at the White House looking for a press pass. Both sound to me like routes that would hardly help the functioning of the State; to the extent that my understanding of anarchism is resistance to the State as a coercive authority, celebrating these outcomes strikes me as an anarchist reaction. Most journalists, on the other hand, think of the Press as an institution that critiques and scrutinizes individuals in power for the ultimate benefit of the State and the political system. That's part of the professional code you imbibe at any J-school: anti-corruption, but not anti-authoritarian.

If the Bill of Rights were a governing document by itself, it would be pretty anarchist, but it's not. It's a caveat attached to the Constitution to facilitate the imposition of a far more hierarchical and powerful State than the hapless governing structure that proceeded it.


Revision 11r11 - 09 Apr 2009 - 05:45:11 - MahaAtal
Revision 10r10 - 09 Apr 2009 - 01:46:00 - DanaDelger
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