Negative Briefs: January/February 1999




Value: Equality

1.  "The First Amendment and the Press" http://socrates.berkeley.edu/~mas104/Branzbur.html
	"Of course, the press has the right to abide by its agreement not to publish all the information it has, but the right to withhold news is not equivalent to a First Amendment exemption from the ordinary duty of all other citizens to furnish relevant information to a grand jury performing an important public function."
		--Justice White, Branzburg v. Hayes (1972)

2. Constitution of the U.S.
	"No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
	--14th amendment

3. M. Briggs, Handbook of Philosophy, 59, 57
	"Equality. A term used in the philosophy of politics to describe a belief that all human beings are born with the same rights and obligations. Consequently each should have the same opportunities to a contented life."
		--M. Briggs

4.  John Brigham (Prof. U. M.A., Amherst), Civil Liberties and American Democracy, 84, 262
	"Equality is basic to the democratic claim. It is the key to the response from the bottom, and to the prevention of disruptions in a democracy."
		--John Brigham

Criteria: Rawls Theory of Justice

5.  John Rawls, Theory of Justice, 1971, back cover
	"Each person posses an iviolability founded on justice that even the welfare of society as a whole cannot override.  Therefore in a just society the rights secured by justice are not subject to political bargaining or to the calculus of social interests."
		--John Rawls

6.  Robert Solomon(Prof. Philos.) A Passion for Justice, 90, 153
	"Justice is essentially recognizing that all of us are basically equal."
		--Robert Solomon

Contention 1: The People

7.  "Constitution of the United States," Microsoft Encarta 98 Encyclopedia
	"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall ne compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken without just compensation."
		-5th amendment

Contention 2: The Press

8. "The First Amendment and the Press," http://socrates.berkeley.edu/~mas104/Branzbur.html
	"The issue in these cases is whether requiring newsmen to appear and testify before state or federal grand juries abridges the freedom of speech and press guaranteed by the First Amendment.  We hold that it does not."
		--Mr. Justice White, Branzburg v. Hayes (1972)

9. Arthur R. Miller (Prof. Law Harvard) Human Rights May '78
	There is a growing conflict between the principle of a free press and privacy."
		--Arthur R. Miller

10.FOLIO: The Magazine for Magazine Management, nov. 1998, pp. 277
	"As a general rule, a publisher should be very reluctant to rely on confidential sources.  Through normal reporting techniques, the writer should confirm what the confidential source says.  It rarely happens that important information from a confidential source cannot be verified elsewhere."
	--Joseph E. Martineau, media law attorney

11. Federal Communications Law Journal, april 1990, pp. 277
	"My guess is that most confidential sources talk to the press for their own compelling reasons of conscience or ideology or personal animus--and will continue to do so even if an occcasional case demonstrates that reporters may come under legal pressure to name their sources."
	--Jean B. Koepke, UCLA Law School

Other

12. Dr. Laurence J. Peter, Peter's Quotations:  Ideas for our Time.  cc. 1977, pg. 282
	"Beware of false knowledge; it is more dangerous than ignorance."
		--George Bernard Shaw

13.  Dr. Laurence J. Peter, Peter's Quotations: Ideas for our Time. cc. 1977, pg. 210
	"The fact, in short, is that freedom to be meaningful in an organized society must consist of amalgum of hierarchy of freedoms and restraints."
		--Samuel Hendel 

14. "Four hostile newspapers are more to be feared than a thousand bayonets."
	--Napoleon

15. John Rawls, A Theory of Justice, cc. 1971, pg. 3
	"Laws and institutions no matter how efficient and well-arranged must be reformed or abolished if they are unjust."
		--John Rawls

16.  St. John's John's Journal of Legal Commentary, fall 93, pp. 163
	"Congress enacted Federal Rule of Evidence 501 ("Rule 501"), which left courts to interpret and create privileges "in the light of reason and experience."
	--Thomas C. Martyn

17.  Santa Clara Law Review, 1997, pp. 943 
	"A communication to a priest, a physician or a lawyer would not be legally protected simply because the recipient promised confidentially, if the confidentiality were not related to the publicly recognized goal of administering spiritual counseling, medical treatment or legal advice.  Each of these privileges is also limited by exceptions, such as the one for communications to further a criminal venture."
	--Gerald F. Uelmen, Professor of Law, Santa Clara Universtiy

18. William & Mary Law Review, july 1997, pp. 1817, 
	"Noting that "news gathering is not without its First Amendment protections," the majority nevertheless refused to recognize a "constitutional newsman's privilege"  and held that "requiring newsmen to appear and testify before state or federal grand juries does not abridge the freedom of speech and press."
	--Alison Lynn Tuley on the Branzburg case

19. St. John's Law Review, winter, 1993, pp. 125
	"A special privelege for reporters might tempt journalists to invent the news because of the greater immunity from having to validate a story."
	--Joseph W. Ragusa, St. John's Law School




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