College of William & Mary Law School William & Mary Law School Scholarship Repository Student Newspaper (Amicus, Advocate...) Archives and Law School History 1987 The Advocate (Vol. 18, Issue 12) Repository Citation "The Advocate (Vol. 18, Issue 12)" (1987). Student Newspaper (Amicus, Advocate...). 167. https://scholarship.law.wm.edu/newspapers/167 Copyright c 1987 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/newspapers 'volume XVllI, Number 12 Eight Pages The Advocate The AMERICA'S OLDEST LAW SCHOOL ~v()ca e Marshall-Wythe Sch ool of Law F O l:~DED 1779 Libel Night '87 Blasi Expounds on First Amendment the truth or free speech as a step the "subjectivism of the actual to the truth. Rather, this political malice standard. It mandates get­ By Phillip Steele truth is that "the final end of the ting into the mind of the reporter, state is to serve the people. And a and can involve intrusive Reminding us that "public happy person is one who draws on discovery. " discussion is an imperative to the courage to think as you will and Another troubling aspect for preservation of freedom," Pro­ speak as you think." . Blasi is the extension of the actual fessor Vincent Blasi expounded Though never defining it, the malice principle to public figures. the virtues of the First Amend­ "courage" Blasi alluded to is the He stated this can be used to pro­ ment while visiting Marshall­ willingness to let others speak tect people who do not really exer­ Wythe last week as a Cutler their minds even when the majori­ cise power and have not thrust Lecturer. ty clearly believes the speech to be themselves into Ole public eye. Blasi, of Columbia University wrong. This courage is a Lebel agreed that "Times has School of Law, said the doctrine of manifestation of the "belief in the been stretched to apply the situa­ the First Amendment has become power of reason" we must have if tions which don't necessarily · too complicated-"it's like the In­ the state is to serve the individual. follow from its premise." He ternal Revenue Code, with the Blasi explained that the alter.:: believes it should be left to torts result tha t we are trivializing the native to faith in reason in silence law to "make the precise First Amendment. We need a coerced by law. Public discussion, refinements needed in the law of return to simplicity." then, is both a virtue and a duty defamation. " The foundation for Blasi's return "because political liberty is a Blasi, however, argued for "an is the 1927 Brandeis dissenting opi­ fragile tradition which can become absolute principle of a prohibition nion in Whitney v. California. stagnant with an inert popula­ against suits by government of­ Anita Whitney was a Communist tion. " ficials for statements made con­ Party organizer arrested in The power of Brandeis' opinion, cerning government conduct while California under that state's A scene from last night's Libel Night which played to a capacity crowd according to Blasi, is its "em­ 'in office." For false stories, he in the Campus Center BaUroom criminal syndicalism act. The phasis on the political function of said, there would be self­ Supreme Court upheld her comric­ free speech. Most ideas of the first correctim! measures-nilip.r neurs. - tion under the Fi.r5t Anleudnlent, amendment are negative. stories and the lack of credibility but Brandeis disagreed with the Brandeis turned it around to have to the people reading or hearing reasoning in a now classic opinion. the First Amendment benefit pe0- the story. Thr oughout the opinion, pie. " - Lebel has argued that a possible Team Wins Tourney Brandeis writes of the unthinking Blasi's lecture was based on a weakening of the standard of ac­ and counterproductive fear which chapter in a book he is currently tual malice could be worked in drives government to suppress writing. He authored The Burger with non-monetary damages such speech. The same rationale, fear, 'Court: The Counter-Revolution as cumpulsory replay space and has been used by many to explain That Wasn't and is one of the na­ cumpulsory retraction. He issued the purpose of the First Amend­ tion's leading commentators on his own caveats that such a solu­ ment as preventing government freedom of speech. tion could only apply to the media, coercion of speech, Blasi said. In a later session before the flrst­ and that people might be troubled But he believes that negative year class last Friday, Blasi and with enforcement measures of the purpose was not Brandeis' view Torts Professor Paul Lebel government telling a media and is not the theory underlying discussed the tension between tort organization what to do. freedom of speech. "Brandeis saw law's traditional protection of "Sometimes you can't avoid that in a political community, we reputation and constitutional law's balancing interests," Blasi con­ need to have people of good value on freedom of speech. The ceded, "but I am still troubled by char acter, and this comes from discussion revolved around New -what happens - dilution - to Con­ debate," Blasi said. York Times v. Sullivan. stitutional principles when you " He speaks only of 'political While the decision was hailed by start putting in balancing truth'," Blasi said, not a free speech advocates in 1964, elements. " marketplace where people look for Blasi said he has problems with Marshall-Wythe's victorious Appellate Advocacy trio of Dave Lozier, Class Founds Award Graham Shirley and Sheila Venable The class of '89 is currently The tIlree criteria for the award McBrear says the first criterion, to the school's low endowment. award. Committee members are organizing a student-generated are a significant commitment to the most important one, was "We don't have a lot of scholar- not. scholarship based on non- the welfare of other individuals designed to be broad enough to in­ ships. That shouldn't be news to Anothercriticism is the passive traditional criteria. The class and/or community, demonstrated clude non-traditional ways of con­ anyone enrolled here," says approach to fund raising. award committee hopes to award financial need and good academic tributing. "For instance, if your Follansbee. There is only one full Follansbee says that with a "low at least one $500 scholarship to a standing. goal is to be a good public interest scholarship offered annually, and key" method of fundraising, it is member of the class over the Follansbee down played the lawyer, time spent studying in the fewer than five scholarships that up to the committee to talk it up. summer. .significance of the latter two stan- library is just as good as someone award more than $1 ,000 annually. However, he adds that "the idea is Assoc. Dean Geoff Follansbee dards. " Good academic standing" else spending time out in the com­ Placed in that environment, one or good enough to sell itself." for Alumni Mfairs and Develop- is a term of art, it doesn't munity helping the handicapped." two $500 scholarships given by the It's going to be hard to get off the ment said over $100 of the initial necessarily mean doing well. A 2.0 "Subjective selection process is class itself is a significant sum, he . ground, suggested Karen $500 goal has already been reach- GPA allowing you to continue on difficult, people can interpret the says. Wendelken, '89. "How many times ed. Pledge cards were distributed the lowest level is okay-We want results in many ways, but it's a "I've gotten complaints from do you pull things out of your hang- Monday and were sent out two to know that the person won't be 'fair process if you have confidence people who don't think its a good ing file and just say, 'Oh this is days later. gone next year." in the group, and I do have a lot of idea to base the scholarship on an garbage' and throw it away. " The assistant Dean says he has The Financial aid criterion is confidence in this group," says individual's contribution to the Some other type of fundraising played only a passive role in the also a minimum threshold test. Follansbee. community, since lots of people activity, like the bake sale the Mve. ''This is a student project all Faye Shealy, Associate Dean for "People should feel comfortable spend their time studying. My rep- Young Democrats sponsored, the way: and that's the wa~ it Admissions, will check to see if the about applying," adds McAuliffe, ly is that I understand not wanting would be a better way to get things should be." "Michael McAuliffe person has demonstrated a need "You shouldn't be ashamed to say to lend financial support, at least started, she says. "Asking for was the instigator " says commit- under the F AF formula, says you've done something good. " lend a hand in talking about the donations has a negative connota- tee member Neal McBrear '89 but Follansbee. " If you show a $1 need McAuliffe calls the project a scholarship," says McBrear. Peo- tion to it, as far as sitting in a booth we redefined the scholarship'in a under the ~ton financial test, " unique .attempt to· unify the pIe who do not support-the project.', ,and . saying, 'Oka¥, time. to sign lot of waYs ." " - • . .' you're eligible," he says. class." He also sees it as a boost fmancially are still eligible 'for the . up.' " ., "" ." . ..... Page Two The Advocate Thursday, April 16, 1987 As for those students wiShing to concentrate in International Law, the schedule creates an even greater problem.