Newsmen's Privilege: Hearings Before the Subcommittee on Constitutional Rights,..., 93-1, February 20, 21, 22, 27, March 13 and 14, 19731973 - 760 էջ |
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absolute privilege amendment rights appear attorneys BASKIR believe bill Black Panther Black Panther Party Branzburg broadcast Chairman committee compelling compulsory process confidence confidential information confidential sources Congress constitutional contempt crime criminal decision defendant disclose disclosure dissemination Earl Caldwell effect enact evidence fact Federal flow of information free flow free press freedom gathering going Government grand jury GURNEY hearings important interest involved issue jail journalists judge judicial Justice law enforcement legislation libel matter ment newsmen newsmen's privilege newspaper obtained officials opinion Pentagon Papers person press subpoenas privilege law problem procedures proceedings prosecution prosecutor protection published qualified privilege question reason refused relationship rules Senator EAGLETON Senator ERVIN Senator TUNNEY shield law sixth amendment society sources of information statement statute story subcommittee supra Supreme Court talk testify testimonial privilege Thank threat tion trial U.S. Supreme Court unpublished information witness York
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Էջ 18 - The constitutional guarantees require, we think, a federal rule that prohibits a public official from recovering damages for a defamatory falsehood relating to his official conduct unless he proves that the statement was made with "actual malice" — that is, with knowledge that it was false or with reckless disregard of whether it was false or not.
Էջ 550 - The conventions of a number of the States having, at the time of their adopting the constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added...
Էջ 200 - From the beginning and for many years the amendment has been construed as not depriving the national government of authority to resort to all means for the exercise of a granted power which are appropriate and plainly adapted to the permitted end.
Էջ 195 - For present purposes we may and do assume that freedom of speech and of the press — which are protected by the First Amendment from abridgment by Congress — are among the fundamental personal rights and "liberties" protected by the due process clause of the Fourteenth Amendment from impairment by the States.
Էջ 485 - Government. The press was protected so that it could bare the secrets of government and inform the people.
Էջ 552 - Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.
Էջ 528 - For more than three centuries it has now been recognized as a fundamental maxim that the public (in the words sanctioned by Lord Hardwicke) has a right to every man's evidence. When we come to examine the various claims of exemption, we start with the primary assumption that there is a general duty to give what testimony one is capable of giving, and that any exemptions which may exist are distinctly exceptional, being so many derogations from a positive general rule.
Էջ 485 - Accordingly a function of free speech under our system of government is to invite dispute. It may indeed best serve its high purpose when it induces a condition of unrest, creates dissatisfaction with conditions as they are, or even stirs people to anger.