Front Page Titles (by Subject) The First Amendment & Freedom of Expression - Literature of Liberty, Winter 1980, vol. 3, No. 4
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The First Amendment & Freedom of Expression - Leonard P. Liggio, Literature of Liberty, Winter 1980, vol. 3, No. 4 
Literature of Liberty: A Review of Contemporary Liberal Thought was published first by the Cato Institute (1978-1979) and later by the Institute for Humane Studies (1980-1982) under the editorial direction of Leonard P. Liggio.
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The First Amendment & Freedom of Expression
“Freedom of Expression Since World War II,” The Press as Guardian of the First Amendment. Columbia, South Carolina: University of Carolina Press, 1980, pp. 231–278.
Using a classification developed by Professor Franklyn S. Haiman of Northwestern University, Lofton surveys the First Amendment case law decided after World War II. According to Professor Haiman, most major twentieth-century cases fall into one of three categories: (1) “expression involving provocation to anger and the problem of preserving the peace (fighting words),” (2) “expression involving political heresy and the problem of national survival (national security),” and (3) “artistic expression and the problem of public morality.” Lofton, however, identifies another area in which the courts in recent years have been very active: prosecution of journalists for refusing to divulge their sources in the context of criminal proceedings.
Lofton approaches his subject through research on editorial reaction to important First Amendment cases. For example, Lofton notes that in reviewing editorial responses to a “political heresy” case (Dennis v. United States.), of the twenty-three papers from virtually every section of the country, he found that nineteen supported the Supreme Court's decision upholding the Constitutionality of the Smith Act and the convictions based on it, two papers opposed to the decision, and two papers that had taken ambiguous positions. Strikingly, the liberal New York Times and the Washington Post were among the papers that gave editorial support both to the Act and to the convictions, whereas the St. Louis Post Dispatch and the Louisville Courier-Journal were critical.