Thursday, March 11, 2010

How do we understand the First Amendment?

CNN: Georgia judge bars release of photos of hiker's nude, decapitated body

Atlanta, Georgia (CNN) -- Photos of the nude and decapitated body of a murdered hiker, sought by a writer on assignment for Hustler magazine, will not be released, a judge in Georgia ordered Wednesday.

The decision came as state lawmakers considered legislation that would ban public release of graphic photos of crime victims. First Amendment lawyers say the legislation could have a chilling effect on open records requests.

Even if the First Amendment to the Constitution is as expansive as some suggest, it does not apply to the state governments. The question is then whether the state constitution has something equivalent to the First Amendment, and if how it is to be understood.

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