Elmer Gertz recalls his long battle in what legal scholars regard as the second most important libel case in legal history: Gertz v. Robert Welch, Inc. Gertz's ordeal began in Chicago during the violent peace demonstrations of 1968. A youth, Ronald Nelson, was killed by a Chicago policeman, Richard Nuccio. Gertz represented the Nelson family in civil suits against Nuccio and the Chicago police department. After Nuccio was convicted of murder, the John Birch Society published an article in its journal, American Opinion, claiming that Nuccio was framed by Communists. Gertz was targeted as a prime Communist instigator. After reading and studying the article, Gertz filed suit against Robert Welch, Inc., charging that it had defamed him by publishing highly harmful lies impugning his reputation and patriotism. Gertz writes in detail of his landmark case, which involved two trials, two reviews in the court of appeals, and two battles in the Supreme Court. Although the case was finally decided in April 1981, when a U.S. district court jury awarded him $100,000 compensatory damages and $300,000 punitive damages, Gertz did not receive payment until May 1983, after Robert Welch, Inc., had filed two unsuccessful appeals.

In a stinging dissent to a 1961 Supreme Court decision that allowed the Illinois state bar to deny admission to prospective lawyers if they refused to answer political questions, Justice Hugo Black closed with the memorable line, "We must not be afraid to be free." Black saw the First Amendment as the foundation of American freedom--the guarantor of all other Constitutional rights. Yet since free speech is by nature unruly, people fear it. The impulse to curb or limit it has been a constant danger throughout American history. In We Must Not Be Afraid to Be Free, Ron Collins and Sam Chaltain, two noted free speech scholars and activists, provide authoritative and vivid portraits of free speech in modern America. The authors offer a series of engaging accounts of landmark First Amendment cases, including bitterly contested cases concerning loyalty oaths, hate speech, flag burning, student anti-war protests, and McCarthy-era prosecutions. The book also describes the colorful people involved in each case--the judges, attorneys, and defendants--and the issues at stake. Tracing the development of free speech rights from a more restrictive era--the early twentieth century--through the Warren Court revolution of the 1960s and beyond, Collins and Chaltain not only cover the history of a cherished ideal, but also explain in accessible language how the law surrounding this ideal has changed over time. Essential for anyone interested in this most fundamental of our rights, We Must Not Be Afraid to Be Free provides a definitive and lively account of our First Amendment and the price courageous Americans have paid to secure them.

Although the government of the United States is traditionally viewed as a democracy, there is considerable disagreement about what democracy means and implies. In a comprehensive study Professor Edelman examines the three democratic paradigms most prevalent in America today: natural rights, contract, and competition. Theories based on these paradigms lead to different ideas of democracy, each of which yields variant interpretations of the Constitution. This close relationship between democratic theories and constitutional interpretations is analyzed in an extensive historical introduction, which focuses on some of the major thinkers in American history. Edelman's discussion shows that neither the Constitution nor the development of American political thought can serve as an authoritative basis for any one theory of democracy. Instead of a particular theory, the historical constant was an appeal to reason inherent in our basic charter. In his methodological section, Edelman argues that we must use reason to clarify the latent values inherent in the differing concepts of democracy and the consequences that flow from them. He analyzes judicial ideas in the light of three concepts deemed central to any democratic theory—citizenship, political participation, and political freedom—and concludes with a balanced account of contemporary democratic theories, the constitutional theories related to them, and a critique of both.

In exploring a series of problems associated with privacy and the First Amendment, Bloustein defines individual and group privacy, distinguishing them from each other and related concepts. He also identifies the public interest in individual privacy as individual integrity or liberty, and that of group privacy as the integrity of social structure. The legal protection afforded each of these forms of privacy is illustrated at length, as is the clash between them and the constitutional guarantees of the First Amendment and the citizen's general right to know. In his final essay, Bloustein insists that the concept of group privacy is essential to a properly functioning social structure, and warns that it would be disastrous if this principle were neglected as part of an overreaction to the misuse of group confidences that characterized the Nixon era.

Myriad forms of communication occur within the criminal justice system as judges and attorneys speak to juries, law enforcement officers interact with the public, and the news media presents stories of events in courtrooms. Hindrances abound, however. Law enforcement officers and justice system personnel often encounter challenges that affect their

Maltz (law, Rutgers U.) discusses the often discongruous nature of the Burger Court, explaining its generally centrist proceedings, yet acknowledging that it, at times, produced decisions even more liberal than that of the Warren Court, its liberal predecessor. At the same time this book shows patterns that explain the doctrinal positions adopted by the majority in each case. Annotation copyrighted by Book News Inc., Portland, OR

This looseleaf work discusses libel, privacy, compelled disclosure, media access, prior restraint, antitrust law, commercial speech, & other aspects of media law. The volume includes detailed material on identification of public figures for libel law purposes.

Highlights the most important topics, issues, questions, and debates affecting the field of communication in the 21st Century.