The Developing Law of Editorial Judgment
Nebraska Law Review, Vol. 78, No. 4, 1999
Posted: 17 Apr 2001
The article assesses the rapidly growing caselaw involving claims of freedom of editorial judgment for the press. The cases are organized around four, often overlapping, approaches by which editorial judgment-type claims are measured: (a) subjective intention; (2) objective description; (3) purpose; and (4) process.
After outlining and discussing the approaches in federal and state law, the article concludes they are not distinct or completing, but often complementary, reflecting a single coherent idea of the press's editorial judgment under the First Amendment, an idea grounded in purpose and served by process.
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