Constitutional Law - Fourth Amendment - Expanding Permissible Intrusion into First Amendment Freedoms under the Aegis of the Fourth Amendment
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Authors
Vadnais, Douglas R.
Issue Date
1979
Volume
12
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|In Zurcher v. The Stanford Daily the United States Supreme Court upheld the constitutionality of a search of a newspaper office conducted by police acting under the authority of a general search warrant. The Court held that neither the first, fourth, nor fourteenth amendments required a prior adversarial hearing before a press facility could be searched, stating that the safeguards inherent in the fourth amendment were adequate to prevent any infringement of the Daily's first amendment rights. The Zurcher decision is consistent with the fourth amendment analysis found in other Supreme Court cases. However, a close examination of the protection offered first amendment rights by fourth amendment safeguards suggests that these safeguards may in fact be insufficient to prevent interference with first amendment interests....
Description
Citation
12 Creighton L. Rev. 881 (1978-1979)
Publisher
Creighton University School of Law