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ERIC Number: ED259338
Record Type: Non-Journal
Publication Date: 1985-Aug
Pages: 58
Abstractor: N/A
ISBN: N/A
ISSN: N/A
EISSN: N/A
The Press as an Institution of the Constitution: Justice Potter Stewart's Approach to the First Amendment.
Johnson, George C.
In a 1974 Yale Law School address, United States Supreme Court Justice Stewart stated that the institutional press, as far as the Constitution is concerned, is autonomous and may publish what it knows and may seek to learn what it can. He also noted that the Court had rejected the Constitutional claim of a journalist's privilege not to reveal a confidential source or information to a grand jury. As a jurist, Justice Stewart was generally consistent in his opinions both before and after this address in regard to maintaining the autonomy of the press. He regularly demonstrated a sensitivity toward the role of the press in society, and often aligned himself with special privilege arguments presented by journalists, no matter how qualified the privilege might become through judicial modification. His opinions generally reflected a concern for finding a balance between societal and press interests so that freedom of the press would not be unduly impaired or compromised by governmental encroachment. Indeed, he concluded that the Constitution merely established the context in which the press is free to do battle against secrecy and deception in government. (HOD)
Publication Type: Information Analyses; Speeches/Meeting Papers
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Grant or Contract Numbers: N/A