Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP
Posting-Version: version B 2.10.1 (Tek) 9/26/83; site orca.UUCP
Path: utzoo!linus!decvax!tektronix!orca!andrew
From: andrew@orca.UUCP (Andrew Klossner)
Newsgroups: net.politics,net.misc,net.motss
Subject: Re: Re: Corrupting Youth
Message-ID: <1130@orca.UUCP>
Date: Wed, 31-Oct-84 11:31:34 EST
Article-I.D.: orca.1130
Posted: Wed Oct 31 11:31:34 1984
Date-Received: Fri, 2-Nov-84 05:49:10 EST
References: <1053@bbncca.ARPA>
Organization: Tektronix, Wilsonville OR
Lines: 26

>> 1) no matter WHO funded them, and no matter WHAT they're saying
>>    these newpapers have the right to publish ANYTHING THEY DAMNED
>>    WELL PLEASE!

> Says who?  Jefferson, Paine, Mill ("On Liberty"), the Federalist Papers,
> (small "l") libertarians, the Constitution, the US Code?  Newspapers have
> no "right" to libel or slander, or to publish evidence illegally obtained
> by wiretapping (a felony), or fraud -- impersonating a lesbian (no snigger-
> ing, please) & breaking an implicit promise of confidentiality (thus,
> invasion of privacy as well, a misdemeanor).

Newspapers do indeed have to the right to libel, slander, publish
illegally obtained evidence, etc.  However, once they have done so,
they are wide open to civil and criminal redress through the judicial
process.

There's a distinction between punishing someone for publishing
something "wrong", and preventing them from publishing it in the first
place.  The latter is called "prior restraint", and has been
wholeheartedly rejected by the courts on a number of occasions.

To guarantee that society will have a "New York Times", you have to
allow a "National Enquirer".

  -- Andrew Klossner   (decvax!tektronix!orca!andrew)      [UUCP]
                       (orca!andrew.tektronix@rand-relay)  [ARPA]