Re: Newspaper article on Plutonium

["Kent N. Lambert" <lambert@auhs.edu>]

> Kbporch928@aol.com wrote:

> > Why aren't journalists liable for malpractice?  Irresponsible reporting
> > through a major media such as a newspaper is quite similar to scams on the
> > elderly.

And then On 26 Aug 97 at 12:21, Al Tschaeche wrote:
> 
> The first amendment to the US Constitution states: "Congress shall
> make no law ... abridging the freedom of speech, or of the press
> ..."  The American people have worked hard to maintain the freedom
> of speech and the press.  I believe the idea is that all ideas have
> merit until demonstrated otherwise.  

The first amendment does not grant wholesale permission to say or 
print anything to any one at any time.  Does the idea that there is a 
fire in a crowded theater have merit until demonstrated that, indeed, 
there was no fire? Yelling "FIRE" in a crowded theater is not 
"protected" speech.  

One is prohibited from making slanderous or printing  libelous
statements, or from stating unfounded claims (e.g., in advertising
and labelling of products).  An attorney is prohibited from making 
prejudicial statements to the jury, a witness is prohibited from 
making false statements under oath, a supervisor is prohibited from 
making lewd and suggestive statements to a subordinate.  

Read 10 CFR 30.10 - one is prohibited from deliberately submitting to 
the NRC  information that is incomplete or inaccurate in some 
material respect.  This paragraph was put in to keep Melissa from 
declaring this post "off-topic" and thereby limiting my speech. :-)

We have clearly established standards in civil, criminal, and 
regulatory law and societal norms that limits these freedoms.  The 
question is, where do we draw the line? 

Kent Lambert, CHP

It is by the fortune of God that, in this country, we have three
benefits:  freedom of speech, freedom of thought, and the wisdom never
to use either.           -- Mark Twain

My employer may surely claim to not hold these opinions.

Kent N. Lambert, M.S., CHP
lambert@auhs.edu
Allegheny University, Hahnemann Division
Radiation Physics and Safety, MS 106
Broad and Vine Streets
Philadelphia, PA  19102-1192

215-762-8768 (voice)
215-762-7683 (fax)