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Freedom of Speech and Press: Exceptions to the First Amendment

Description: The First Amendment to the United States Constitution provides that “Congress shall make no law . . . abridging the freedom of speech, or of the press. . . .” This language restricts government both more and less than it would if it were applied literally. It restricts government more in that it applies not only to Congress, but to all branches of the federal government, and to all branches of state and local government. It restricts government less in that it provides no protection to some types of speech and only limited protection to others. This report provides an overview of the major exceptions to the First Amendment — of the ways that the Supreme Court has interpreted the guarantee of freedom of speech and press to provide no protection or only limited protection for some types of speech.
Date: January 7, 2004
Creator: Cohen, Henry
Partner: UNT Libraries Government Documents Department

Balancing Scientific Publication and National Security Concerns: Issues for Congress

Description: There is a lack of consensus regarding the best method of balancing scientific publishing and national security. The current federal policy, as described in National Security Decision Directive 189, is that fundamental research should remain unrestricted and that in the rare case where it is necessary to restrict such information, classification is the appropriate vehicle to do so. Other mechanisms restrict international information flow, where Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR) control export of items and technical information on specific lists. Both EAR and ITAR contain a fundamental research exclusion, but this exclusion is lost if prepublication review of research results for sensitive information occurs.
Date: February 2, 2004
Creator: Shea, Dana A
Partner: UNT Libraries Government Documents Department

"Sensitive But Unclassified" and Other Federal Security Controls on Scientific and Technical Information: History and Current Controversy

Description: This report (1) summarizes provisions of several laws and regulations, including the Patent Law, the Atomic Energy Act, International Traffic in Arms Control regulations, the USA PATRIOT Act (P.L. 107-56), the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (P.L. 107-188), and the Homeland Security Act (P.L. 107-296), that permit the federal government to restrict disclosure of scientific and technical information that could harm national security; (2) describes the development of federal controls on “sensitive but unclassified” (SBU) scientific and technical information; (3) summarizes current controversies about White House policy on “Sensitive But Unclassified Information,” and “Sensitive Homeland Security Information” (SHSI) issued in March 2002; and (4) identifies controversial issues which might affect the development of Office of Management and Budget (OMB) and agency guidelines for sensitive unclassified information, which are expected to be released during 2003.
Date: February 20, 2004
Creator: Knezo, Genevieve J.
Partner: UNT Libraries Government Documents Department

The FCC's Political Broadcasting Regulations

Description: This report provides an overview of the Federal Communication Commission's political broadcasting regulations, including general public interest obligations; the equal opportunity (equal time) regulations; and the various interpretations of the Fairness Doctrine, which is no longer enforced by the Commission. A brief section of frequently asked questions regarding political broadcasting is also provided.
Date: October 27, 2004
Creator: Welborn, Angie A.
Partner: UNT Libraries Government Documents Department

Balancing Scientific Publication and National Security Concerns: Issues for Congress

Description: There is a lack of consensus regarding the best method of balancing scientific publishing and national security. The current federal policy, as described in National Security Decision Directive 189, is that fundamental research should remain unrestricted and that in the rare case where it is necessary to restrict such information, classification is the appropriate vehicle to do so. Other mechanisms restrict international information flow, where Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR) control export of items and technical information on specific lists. Both EAR and ITAR contain a fundamental research exclusion, but this exclusion is lost if prepublication review of research results for sensitive information occurs.
Date: December 16, 2004
Creator: Shea, Dana A
Partner: UNT Libraries Government Documents Department

Naming Post Offices Through Legislation

Description: This report describes how the practice of naming post offices through public law originated and how it is commonly done today. House and Senate practices for approving legislation and procedures followed by the U.S. Postal Service in organizing a dedication ceremony, are also described. An increasingly common form of legislation is the naming of post offices for former Members of Congress or other figures of local or national renown. About one in six public laws passed by the 108th Congress was a post office naming bill approved under suspension of the rules. Unanimity of a state's congressional delegation is required for the movement of naming bills to the floor of the House or Senate. The costs of dedicating a post office in the name of an individual are modest, and this action results in no change in public identification of the facility by its geographic location.
Date: January 13, 2005
Creator: Stevens, Nye
Partner: UNT Libraries Government Documents Department

Farm Product "Check-Off" Programs: A Constitutional Analysis

Description: This report begins with a brief introduction to check-off programs and then describes many of the First Amendment principles that have been discussed in checkoff cases. Next is an analysis of the first two challenges that reached the Supreme Court, as well as a brief discussion of subsequent lower court decisions. This report concludes with a discussion of Johanns v. Livestock Marketing Association and its possible implications for check-off programs.
Date: June 21, 2005
Creator: Vina, Stephen R
Partner: UNT Libraries Government Documents Department

Open Access Publishing and Citation Archives: Background and Controversy

Description: This report begins with an inventory of basic information: definitions and guides to histories of the growth of open access publishing and citation archives and descriptions of selected major open access activities. It moves on to summarize major points of difference between proponents and opponents of nongovernmental open access publishing and databases, and then highlights federal, including National Institutes of Health (NIH), open access activities and contentious issues surrounding these developments. The report also briefly describes open access developments in the United Kingdom (where a number of governmental and nongovernmental initiatives have occurred) and in the international arena. Finally, controversial issues which could receive attention in the 109th Congress are summarized.
Date: July 26, 2005
Creator: Knezo, Genevieve J.
Partner: UNT Libraries Government Documents Department