Free Speech and Press Cases in the Courts
President Trump’s revocation of CNN White House correspondent Jim Acosta’s press pass and the ongoing lawsuit, CNN v. Trump, have brought issues relating to press freedom and due process under the Constitution back into the news. On this episode, David French, senior writer at National Review and Katie Fallow, senior attorney at the Knight First Amendment Institute at Columbia University, break down the latest developments in the CNN case as well as broader First Amendment issues in the courts today – exploring public forum doctrine, the legal battle over the president blocking users on Twitter, Facebook’s proposal to create its own “Supreme Court” to decide how to regulate content, and the potential effects of WikiLeaks editor Julian Assange’s prosecution for publishing classified information.
Katie Fallow is a senior attorney at the Knight First Amendment Institute at Columbia University who litigates First Amendment and media cases. She was previously a partner at Jenner & Block, where she represented video game makers in a long line of challenges to government restrictions on video games. She has defended The Huffington Post and other news outlets against defamation claims, and filed numerous merits and amicus briefs in the Supreme Court on free speech issues. Fallow was previously deputy director of the Bureau of Consumer Protection at the Federal Trade Commission.
David French is a senior writer for National Review, a senior fellow at the National Review Institute, and an attorney practicing mainly in constitutional law and the law of armed conflict. French was previously the president of the Foundation for Individual Rights in Education (FIRE), a lecturer at Cornell Law School, and a senior counsel for the American Center for Law and Justice and the Alliance Defending Freedom. A veteran of Operation Iraqi Freedom, French was awarded the bronze star.
Jeffrey Rosen is the President and Chief Executive Officer of the National Constitution Center, the only institution in America chartered by Congress “to disseminate information about the United States Constitution on a nonpartisan basis.”
- CNN’s filed November 19, 2018
- Judge Buchwald’s decision in Knight First Amendment Institute v. Trump (S.D.N.Y. 2018)
- Sherill v. Knight (D.C. Cir. 1977)
- New York Times Co. v. Sullivan (1964)
- Magazine, Inc. (1988)
- New York Times Co. v. United States (1971)
- 18 U.S. Code Chapter 37 – Espionage and Censorship
Our Interactive Constitution is the leading digital resource about the debates and text behind the greatest vision of human freedom in history, the U.S. Constitution. Here, scholars from across the legal and philosophical spectrum interact with each other to explore the meaning of each provision of our founding document.
Freedom of Speech and the Press by Geoffrey R. Stone and Eugene Volokh
The Fifth Amendment Due Process Clause by Roger A. Fairfax and John C. Harrison
Today’s show was engineered by Kevin Kilbourne and produced by Jackie McDermott. Research was provided by Lana Ulrich and Jackie McDermott.
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