Legal Foundations of the Right to Know

Thomas I. Emerson and Robert G. Hertel Jr.
If we do not make the right to know the main basis for the system of freedom of expression, then what should be the role of that doctrine? There seem to be three general areas in which the right to know may be of special importance. One is the use of the doctrine against direct government interference with the system of freedom of expression. A second is its use in…

The Right to Know: First Amendment Overbreadth

Walter Gellhorn and Robert H. Solomon
Professor Emerson’s lecture on “Legal Foundations of the Right to Know” keynoted a daylong symposium on the First Amendment held March 3, 1976, at Washington University. At a subsequent panel discussion several distinguished lawyers and members of the press responded to Professor Emerson’s address. The remarks of two panel members, Professor Walter Gellhorn and Mr. James C. Goodale, are reprinted below. Transcripts of their responses have been edited slightly for…

Legal Pitfalls in the Right to Know

James C. Goodale
I hope that my response to Professor Emerson is more than chauvinistic, and does not reflect merely an Olympian view from the vantage point of a powerful press that easily obtains access, an access perhaps not available to the less powerful. I believe my objection amounts to more than that, however. As Emerson concedes, the right to know is a qualified right, whereas the right to communicate is substantially absolute.…

Student Participation in University and Law School Governance

George P. Smith II
This Article will examine the means by which American law schools have permitted reasonable student participation without threatening the academic freedom of law school faculties, a threat which the European experience reminds us is very real.