Publishing leaked materials: the Pentagon Papers case
Within a month of taking office, President Donald Trump announced his desire to go after “leakers” who have helped embroil his administration in controversy. He also declared many traditional news outlets to be “enem[ies] of the American People!” What does this mean for those who publish such material? December 2013
Universities UK, sex segregation, and the public-private distinction
Misunderstanding the different balances required in private vs. public spheres was one of the fundamental misunderstandings of the recent Universities UK guidance, which argued that speakers’ freedom of religion and speech could trump anti-discrimination laws at on-campus debates — meaning that audiences might be segregated by sex. December 2012
Jürgen Habermas on the public sphere, the state, and the private sphere
Jürgen Habermas is a German sociologist and philosopher. He is perhaps most well known for the concept of the “public sphere.” Contrasted against this sphere are the state and the private sphere. April 2012
Benefits of viewing the right to privacy as a property right
There are many approaches to protecting privacy, but many of them run into conflicts, either with existing protections (perhaps especially the First Amendment) or with those who are suspicious of government regulation. But privacy rights do not necessarily need to be protected in a novel new form as a new right — one could instead leverage existing theories of property to do it. April 2012
Privacy and the First Amendment: privacy as property?
In Copyright and the First Amendment: The Unexplored, Unbroken Historical Practice, Terry Hart does an excellent job of exploring why the First Amendment has never been held to interfere with the enforcement of copyright, including pre-publication injunctive relief. December 2011
Ben Bratman on the First Amendment and Brandeis & Warren’s “The Right to Privacy”
Ben Bratman’s 2002 law review article, “Brandeis & Warren’s ‘The Right to Privacy and the Birth of the Right to Privacy'” discusses the background of this issue in light of “the considerable focus that Brandeis and Warren placed on the print media and its alleged violations of privacy.”
What is the First Amendment?
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Freedom of speech in the “Second Gilded Age”
In “Digital Speech and Democratic Culture: A Theory of Freedom of Expression for the Information Society,” Jack Balkin (of the blog Balkinization) writes about what he sees as the appropriation of free speech ideals by media corporations in an effort to maximize their capital investments.
Robert Horwitz on the deregulation of American telecommunications
Robert Horwitz’s The Irony of Regulatory Reform: The Deregulation of American Telecommunications, published in 1989, explores in depth the issue of telecommunications regulation at a time when telecommunications was once again in transition.