ABSTRACT

The first amendment freedoms have to do with the exercise of public opinion regarding matters of public concern, and the response to that exercise. First amendment freedoms do not consist of the ability to say or write anything, anywhere, anytime, but rather consist of our ability to comment freely on matters that are of concern to the public. First amendment protection must extend to all statements of fact which are of general, public importance. The crucial consideration is the assertion’s relevance to the formation of public opinion. In the fall of 1979, Justice Brennan delivered a speech concerning the strain between the press and the Court over first amendment guarantees of a free press. At that time, the press was deeply concerned over Supreme Court decisions denying editors and reporters the right to refuse to identify their sources of information.