ERIC Number: ED205961
Record Type: Non-Journal
Publication Date: 1981-Aug
Reference Count: N/A
The Implications of John Hart Ely's Conceptual Framework for Interpretation of First Amendment Questions: The Continuation of Balancing in the Free Expression Arena.
Trapp, Mary E.
Examining interpretive approaches to the First Amendment free speech and press clause, this paper focuses on the conceptual framework proposed by John Hart Ely. Other First Amendment tests examined include clear and present danger, balancing, the absolute test, and A. Meiklejohn's "absolute" test. Following an analysis of Ely's First Amendment interpretation, the limitations of his tests are discussed. The "Branzburg,""Tornillo," and "Red Lion" cases are examined to demonstrate the weaknesses of those tests. The concluding section of the paper points out four problems of Ely's tests, indicating that the tests do not successfully implement the purposes of the First Amendment. (RL)
Publication Type: Information Analyses; Speeches/Meeting Papers; Opinion Papers
Education Level: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: First Amendment