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CNN Live At Daybreak

Supreme Court Examines Controversial First Amendment Cases

Aired June 25, 2001 - 08:19   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL LIN, CNN ANCHOR: The U.S. Supreme Court is saving some controversial First Amendment cases for its last day in session. Senior Washington correspondent Charles Bierbauer is at the court for whatever comes our way.

Good morning, Charles.

CHARLES BIERBAUER, CNN SENIOR WASHINGTON CORRESPONDENT: Good morning, Carol.

Last week, actually, the court is expected to wind up the 10 remaining cases left on it docket for this term. And you're right, there are First Amendment issues involving tobacco and mushrooms, actually.

But let's start with the tobacco. Massachusetts created a ban on tobacco advertising within 1,000 feet of schools and public parks. The tobacco companies contend that that's an infringement of their commercial free speech under the First Amendment, that they should at least be able to put up advertising in places where they sell cigarettes and other tobacco products, so that customers could get the range of choices and prices -- tobacco companies having already given up on outdoor billboards.

That's one. The other one involves the Mushroom Council and one of its members, a large mushroom producer, who says that should be compelled to participate in the Mushroom Council -- which is a quasi- government organization supporting the whole mushroom industry -- to be compelled to participate in their advertising is a forced version of free speech. They'd rather do their own ads.

So those two First Amendment issues are among the cases left for the court to decide this term -- Carol.

LIN: Tobacco, mushrooms, you got my attention now, Charles. What about the Internet?

BIERBAUER: The Internet is an interesting case because it involves a group of freelance writers who write for such organizations as "The New York Times" and other publications. They contend that the first publication is fine, but that after something has been printed once or published once, that they should retain the rights to copyrights for reproduction on the Internet. Of course, the Internet is a whole area that the court has just begun to venture into -- other cases coming up in the fall term involving questions about sexually explicit material on the Internet. The Internet is always an adventure for the court. And this one involves copyrights -- Carol.

Oh, let me point out one other...

LIN: Oh, sure.

BIERBAUER: ... thing that's possibly on their agenda today and not a case that they will decide, but a case which they will have to commit as to whether they will hear or not hear arguments in a very important affirmative action case down in Texas.

We've often talked about it, Texas vs. Hopwood. This is a case that, if they agree to hear it, would come up on the fall calendar. And that would be pretty definitive with regard to affirmative action in admission to colleges -- in this case, the University of Texas Law School -- Carol.

LIN: All right. Yes, that was a controversial issue out in the state of California.

Thank you very much, Charles Bierbauer, reporting live this morning from Washington.

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