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Meiklejohn, Hocking, and Self-Government Theory Meiklejohn、曲棍球与自治理论
IF 0.3 Q3 Social Sciences Pub Date : 2021-07-03 DOI: 10.1080/10811680.2021.1937003
S. Bates
The philosopher Alexander Meiklejohn ranks among the most renowned First Amendment theorists. In Free Speech and Its Relation to Self-Government, published in 1948, he lays out four propositions: The First Amendment is intended to facilitate political discourse; its principal concern is the rights of listeners rather than those of speakers; the government has an affirmative obligation to improve the system of free expression; and effective political deliberation requires structure and rules. Together, these propositions add up to Meiklejohn’s self-government theory of the First Amendment. But he was not the first: All four propositions appear in a book published a year earlier by another philosopher, William Ernest Hocking, a member of the Commission on Freedom of the Press. This article critically examines the two men’s versions of self-government theory in the context of their backgrounds, their political philosophies, and their animating concerns about free speech.
哲学家亚历山大·米克尔约翰(Alexander Meiklejohn)是最著名的第一修正案理论家之一。在1948年出版的《言论自由及其与自治的关系》一书中,他提出了四个主张:第一修正案旨在促进政治话语;它主要关心的是听者的权利,而不是说话者的权利;政府有完善言论自由制度的积极义务;有效的政治审议需要结构和规则。综上所述,这些主张构成了米克尔约翰关于第一修正案的自治理论。但他并不是第一个:这四个主张都出现在另一位哲学家、新闻自由委员会成员威廉·欧内斯特·霍金(William Ernest hawking)一年前出版的一本书中。本文从他们的背景、他们的政治哲学以及他们对言论自由的关注等方面,批判性地考察了两人的自治理论版本。
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引用次数: 0
Journalism as a Public Good: How the Nonprofit News Model Can Save Us from Ourselves 新闻业作为一种公共产品:非营利性新闻模式如何拯救我们
IF 0.3 Q3 Social Sciences Pub Date : 2021-07-03 DOI: 10.1080/10811680.2021.1937005
Rosalie C. Westenskow, Edward L. Carter
At a time when many U.S. newspapers find themselves at the edge of a financial precipice, The Salt Lake Tribune’s recent transformation into a 501(c)(3) public charity presents a potentially promising route to economic safety for other daily newspapers. Although the nonprofit, tax-exempt model has been an increasingly popular one for new media outlets, the IRS’s bestowal of such status on a major daily newspaper marks an historic event — one that other newspapers, and their legal counsel, can learn from. This article outlines several issues such practitioners and owners should be aware of as they consider taking the leap to nonprofit status. The nonprofit route can have not only financial advantages for news publications, but it may also provide a better environment for cultivating the type of high-quality journalism that is essential to preserving our democracy. The legal requirements for 501(c)(3) organizations, as well as the ownership structure, have the potential to drive hard-hitting reporting on the most important issues, particularly for local publications, many of which are currently hemorrhaging such coverage. This article argues that journalism is a public good, and as such, a natural fit for the non-profit model.
在许多美国报纸发现自己处于财务悬崖边缘的时候,《盐湖城论坛报》最近转变为501(c)(3)公共慈善机构,为其他日报提供了一条潜在的经济安全之路。尽管非营利的免税模式在新媒体中越来越受欢迎,但美国国税局给予一家主要日报这样的地位标志着一个历史性的事件——其他报纸及其法律顾问可以从中学习。这篇文章概述了一些问题,这样的从业者和业主应该意识到,因为他们考虑跨入非营利状态。非营利路线不仅可以为新闻出版物带来经济上的优势,而且还可以为培养对维护我们的民主至关重要的高质量新闻提供更好的环境。501(c)(3)组织的法律要求,以及所有权结构,有可能推动对最重要问题的强硬报道,特别是对当地出版物来说,许多地方出版物目前正在大量减少这类报道。本文认为,新闻业是一种公益事业,因此,它自然适合非营利模式。
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引用次数: 0
Administrative Law and the Federal Communications Commission 行政法和联邦通信委员会
IF 0.3 Q3 Social Sciences Pub Date : 2021-06-02 DOI: 10.1080/10811680.2021.1937004
Amy Sindik
The decision of the Federal Communications Commission to repeal net neutrality regulations in 2018 was met with legal challenges arguing that the Commission did not have authority under administrative law to make such sweeping policy changes. In light of the net neutrality court battles, this historical analysis of FCC cases examines the way the Supreme Court of the United States has evaluated the FCC’s regulatory authority in cases that invoke economic considerations. The analysis indicates that the Court interprets both the Communications Act and Administrative Procedures Act as providing the FCC with considerable latitude to determine ways to regulate economic focused areas of communications, including the license application process, regulation of new technologies and challenges from citizens groups.
美国联邦通信委员会(fcc)在2018年废除网络中立规定的决定遭遇了法律挑战,有人认为,根据行政法,该委员会没有权力进行如此彻底的政策改革。鉴于网络中立法庭之争,本文对联邦通信委员会案件的历史分析考察了美国最高法院在援引经济考虑的案件中评估联邦通信委员会监管权力的方式。分析表明,法院对《通信法案》和《行政程序法》的解释为为FCC提供了相当大的自由,以确定监管通信经济重点领域的方式,包括许可证申请程序、新技术监管和公民团体的挑战。
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引用次数: 1
Freedom of Expression: Another Look at How Much the Public Will Endorse 言论自由:再看公众会支持多少
IF 0.3 Q3 Social Sciences Pub Date : 2021-04-03 DOI: 10.1080/10811680.2021.1893096
D. Riffe, Kyla P. Garrett Wagner
Since World War II, U.S. citizens have reported overwhelming agreement that freedom of expression is a basic right. But, like the law on free expression, public opinion shows that citizen rights to free expression are not absolute or unidimensional, but conditional. To better understand the extent of citizen rights to free expression according to the U.S. public, this study examines data from an online national survey (N = 2,600) in which twenty-five types of expression were offered for respondent agreement that “U.S. citizens should have a right to….” According to the respondents, the free expression types to which citizens have the most rights were expressing political opinions, making a political speech, picketing as a union member, and wearing a black armband in protest. The least endorsed rights were lying in the news, lying generally, protesting outside a church funeral service for a veteran, using racist language in a speech, and burning the American flag. Demographic analyses showed agreement with rights to free expression was highest among younger respondents, non-whites and males. Further analysis confirmed that freedom of expression is not unidimensional, with four main dimensions underlying perceptions of the twenty-five types. These dimensions were identified as repugnant expression, historical political expression, un-patriotic expression, and avoiding compelled expression.
自第二次世界大战以来,美国公民普遍认为言论自由是一项基本权利。但是,就像言论自由的法律一样,民意表明,公民的言论自由权利不是绝对的或单向度的,而是有条件的。为了更好地了解美国公众的公民言论自由权利的程度,本研究检查了一项在线全国调查(N = 2,600)的数据,其中提供了25种表达方式,供受访者同意“美国的言论自由”公民应该有权利....”据应答者的回答,市民最应享有的言论自由是发表政治意见、发表政治演说、以工会成员身份进行示威、佩戴黑色臂章等。最不被认可的权利是在新闻中撒谎,普遍撒谎,在教堂为一名退伍军人举行的葬礼上抗议,在演讲中使用种族主义语言,焚烧美国国旗。人口统计分析显示,年轻受访者、非白人和男性对言论自由权利的认同程度最高。进一步的分析证实,言论自由不是单向度的,对25种类型的看法有四个主要方面。这些维度被确定为反感表达、历史政治表达、不爱国表达和避免强迫表达。
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引用次数: 0
Journalist, Advertiser or Both: Reevaluating Legal Distinctions Between Journalistic and Commercial Speech in the Networked Era 记者、广告商或两者兼而有之——网络时代新闻言论与商业言论法律区别的再评价
IF 0.3 Q3 Social Sciences Pub Date : 2021-04-03 DOI: 10.1080/10811680.2021.1893106
Jared Schroeder, Monica Chadha
As traditional news organizations have struggled to adapt their content and financial models to networked information environments, and community journalism startups have begun to test a variety of new business and organization models, the line between journalistic and commercial expression has become opaque. This article examines the challenges emerging, twenty-first-century media organizations pose to how the courts have historically understood press and commercial-related speech protections. The article analyzes how the Supreme Court of the United States has rationalized its standards for press and commercial safeguards and considers how the Court has decided in recent cases involving citizen publishers who claimed protections historically reserved for traditional journalists. Ultimately, the article draws the building blocks from these ideas to propose how courts can separate the two types of communication in the twenty-first century. In doing so, the article also proposes ways in which such fledgling organizations can ensure they remain journalistic in nature.
随着传统新闻机构努力使其内容和财务模式适应网络信息环境,社区新闻初创公司也开始测试各种新的商业和组织模式,新闻和商业表达之间的界限变得不透明。这篇文章探讨了21世纪媒体组织对法院历史上如何理解新闻和商业相关言论保护提出的挑战。这篇文章分析了美国最高法院如何合理化其新闻和商业保障标准,并考虑了法院在最近涉及公民出版商的案件中是如何做出裁决的,这些出版商声称历史上为传统记者保留了保护。最后,本文从这些想法中提取了构建块,以提出法院如何在21世纪将这两种类型的通信区分开来。在这样做的过程中,这篇文章还提出了一些方法,让这些刚刚起步的组织能够确保它们保持新闻性质。
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引用次数: 0
The End of the Affair: Can the Relationship Between Journalists and Sources Survive Mass Surveillance and Aggressive Leak Prosecutions? 事件的结束:记者和消息来源之间的关系能否在大规模监视和攻击性泄密起诉中幸存下来?
IF 0.3 Q3 Social Sciences Pub Date : 2021-02-24 DOI: 10.1080/10811680.2021.1893100
Anthony L. Fargo
One mission of the institutional media, recognized by journalists and judges alike, is to uncover the government’s secrets. This mission often involves obtaining information from sources who would face perils if identified. Journalists have historically risked legal penalties to protect sources’ identities, but now surveillance technology allows investigators to unmask leakers through their communication records. Meanwhile, the last two presidential administrations expanded efforts to prosecute leakers of classified information. This article examines the increasingly risky atmosphere for journalists and sources and whether the reporter-source relationship can survive the risks. After examining recent leak prosecutions and the troubling legal and ethical issues they raise, the article concludes that legal solutions are unlikely. However, journalists can combat chilling effects on sources by making source protection a higher ethical priority and by proactively guiding sources to ways they can avoid detection.
记者和法官都承认,机构媒体的使命之一是揭露政府的秘密。这项任务通常涉及从那些一旦被发现将面临危险的来源获取信息。记者历来冒着受到法律惩罚的风险来保护消息来源的身份,但现在监控技术允许调查人员通过他们的通信记录揭露泄密者。与此同时,前两届总统政府加大了起诉机密信息泄密者的力度。本文考察了记者和消息来源日益增加的风险氛围,以及记者与消息来源的关系能否在风险中幸存下来。在审查了最近的泄密起诉及其引发的令人不安的法律和道德问题后,文章得出结论,法律解决方案不太可能。然而,记者可以通过将源头保护作为更高的道德优先事项,并积极引导源头避免被发现,来对抗对源头的寒蝉效应。
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引用次数: 0
Pandering, Priority or Political Weapon: Presidencies, Political Parties & the Freedom of Information Act 迎合,优先或政治武器:总统,政党和信息自由法案
IF 0.3 Q3 Social Sciences Pub Date : 2021-01-02 DOI: 10.1080/10811680.2021.1856603
A. Jay Wagner
Politics have a profound influence on the design and administration of nearly all government laws and policies. And the executive branch, a highly political institution, is given significant latitude in shaping the primary mechanism for accessing government information, the Freedom of Information Act. This article explores the political nature of the FOIA by examining legislative history, party messaging, presidential actions and a quantitative analysis of FOIA use and implementation from 1975 until the present. The outcomes are both predictable — Presidents Ronald Reagan and Donald Trump having poor records — and surprising — President George W. Bush producing a relatively transparent record. The study’s findings suggest the failures of FOIA are likely less a consequence of presidencies and political parties than an indiscriminate symptom of contemporary U.S. governance.
政治对几乎所有政府法律和政策的设计和执行都有深远的影响。作为一个高度政治化的机构,行政部门在制定获取政府信息的主要机制——《信息自由法》(Freedom of information Act)——方面被赋予了很大的自由度。本文通过对《信息自由法》的立法历史、政党信息、总统行为以及1975年至今《信息自由法》使用和实施情况的定量分析,探讨了《信息自由法》的政治本质。结果是可以预见的——罗纳德·里根总统和唐纳德·特朗普总统的政绩不佳——以及令人惊讶的——乔治·w·布什总统的政绩相对透明。研究结果表明,《信息自由法》的失败与其说是总统和政党的结果,不如说是当代美国治理不分青红皂白的症状。
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引用次数: 5
Libel and the Lab: Scientists and Defamation 利贝尔与实验室:科学家与诽谤
IF 0.3 Q3 Social Sciences Pub Date : 2021-01-02 DOI: 10.1080/10811680.2021.1856601
Karen M. Markin
Scientists are increasingly involved in defamation claims. Sometimes they are defendants in disputes over the accuracy of articles published in peer-reviewed scientific journals. In other instances, scientists are plaintiffs, filing suits against those who have attacked them in the popular media, harming their reputations. Both situations represent efforts to quell scientists’ speech, generally because their research threatens established commercial interests, and they pose a threat to scientific inquiry. This article examines these two trends. It recommends that, for journal articles, courts recognize a scientific debate privilege, which is emerging in some jurisdictions. It presents evidence that reputational attacks are intimidating scientists, causing them to pursue fewer controversial lines of research. It notes that, in their efforts to maintain vigorous debate on matters of public concern, courts are allowing brutal criticism of scientists that is having the opposite effect by driving researchers’ voices out of the public sphere.
科学家越来越多地卷入诽谤指控。有时,他们在同行评审的科学期刊上发表的文章的准确性争议中成为被告。在其他情况下,科学家是原告,对那些在大众媒体上攻击他们、损害他们声誉的人提起诉讼。这两种情况都代表着压制科学家言论的努力,通常是因为他们的研究威胁到既定的商业利益,也威胁到科学探究。本文考察了这两种趋势。它建议,对于期刊文章,法院承认科学辩论特权,这在一些司法管辖区正在出现。它提供的证据表明,声誉攻击正在恐吓科学家,导致他们从事较少有争议的研究。它指出,在努力就公众关注的问题保持激烈辩论的过程中,法院允许对科学家进行残酷的批评,这会将研究人员的声音逐出公共领域,从而产生相反的效果。
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引用次数: 4
A Matter of Public Concern: The Case for Academic Freedom Rights of Public University Faculty 公众关注的问题:公立大学教师学术自由权利的案例
IF 0.3 Q3 Social Sciences Pub Date : 2020-11-29 DOI: 10.1080/10811680.2021.1856602
Mi-Kyu Park
Although the Supreme Court of the United States has described academic freedom as a “special concern,” the Court has never recognized a First Amendment right of academic freedom reserved for the professoriate. Legal disputes involving scholarship and classroom speech have overwhelmingly favored institutions over individual academics. However, the lack of uniformity and inconsistent application of the current public speech framework to academia speaks to the uneasiness of applying general public employee speech principles to academic speech. This article addresses how Supreme Court jurisprudence has shaped the arc of academic freedom toward an institutional right, and how the current public employee speech framework has displaced academic speech protection tied to scholarship and teaching. Finally, the article offers both descriptive and normative arguments, including a functional theory of academic freedom and the Madisonian-Meiklejohnian conception of the First Amendment, to make the case for constitutional consideration of speech pursuant to scholarship and teaching.
尽管美国最高法院将学术自由描述为“特别关注”,但法院从未承认第一修正案为教授保留的学术自由权利。在涉及学术和课堂演讲的法律纠纷中,绝大多数机构比个别学者更受青睐。然而,目前的公共演讲框架在学术界的应用缺乏统一性和不一致性,说明了将一般的公共雇员演讲原则应用于学术演讲的不安。本文阐述了最高法院的判例如何将学术自由的弧线塑造成一种制度性权利,以及当前的公共雇员言论框架如何取代了与学术和教学相关的学术言论保护。最后,文章提供了描述性和规范性的论证,包括学术自由的功能理论和麦迪逊-米克尔约翰主义的第一修正案概念,以证明根据学术和教学对言论的宪法考虑。
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引用次数: 2
Editor’s Note Editor’s音符
IF 0.3 Q3 Social Sciences Pub Date : 2020-10-22 DOI: 10.1080/10811680.2020.1805940
W. Hopkins
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引用次数: 0
期刊
Communication Law and Policy
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