skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 50656 Find in a Library
Title: GOVERNMENT CONTROL OF RICHARD NIXON'S PRESIENTIAL MATERIAL
Journal: YALE LAW JOURNAL  Volume:87  Issue:8  Dated:(JULY 1978)  Pages:1601-1635
Author(s): ANON
Corporate Author: Yale Law Journal
United States of America
Date Published: 1978
Page Count: 35
Sponsoring Agency: Yale Law Journal
New Haven, CT 06520
Format: Article
Language: English
Country: United States of America
Annotation: THIS ARTICLE ATTEMPTS TO DEFINE THE RIGHTS OF RICHARD NIXON UNDER THE FIRST AMENDMENT AND FOURTH AMENDMENT TO THE CONSTITUTION WITH REGARD TO HIS PRESIDENTIAL MATERIALS.
Abstract: UNDER THE PRESIDENTIAL LIBRARIES ACT OF 1955, A PRESIDENT MAY DEPOSIT ANY OF HIS MATERIALS WITH THE ARCHIVIST AND IS FREE TO SET RESTRICTIONS ON ACCESS TO SUCH MATERIALS. FOLLOWING HIS RESIGNATION, NIXON DONATED HIS PRESIDENTIAL MATERIALS TO THE GOVERNMENT UNDER PROVISIONS OF THE PRESIDENTIAL LIBRARIES ACT, AND THE DONATION AGREEMENT PLACED STRICT LIMITS ON ACCESS TO THE MATERIALS AND PROVIDED FOR THEIR SELECTIVE DESTRUCTION UNDER NIXON'S DIRECTION. THE PRESIDENTIAL RECORDINGS AND MATERIALS PRESERVATION ACT ABROGATES THE TERMS OF NIXON'S DONATION AGREEMENT AND DIRECTS THE ADMINISTRATOR OF THE GENERAL SERVICES ADMINISTRATION TO CONTROL ALL MATERIALS ORIGINALLY COVERED BY THE DONATION AGREEMENT. WITH REGARD TO CONSTITUTIONALLY PROTECTED INTERESTS, PRESIDENTIAL MATERIALS CAN BE DIVIDED INTO TWO BROAD CATEGORIES, PUBLIC AND PRIVATE. MATERIALS ARE CONSIDERED PRIVATE BECAUSE OF THE CONTEXT IN WHICH THEY WERE PRODUCED RATHER THAN THE PARTICULAR INFORMATION THEY CONTAIN. REGULATIONS PROMULGATED BY THE GENERAL SERVICES ADMINISTRATION CALL FOR THE PERMANENT RETENTION OF MATERIALS THAT CONGRESS CANNOT CONSTITUTIONALLY RETAIN: THEY DO NOT ADEQUATELY DISTINGUISH PUBLIC MATERIAL FROM PRIVATE MATERIAL BUT DO PROVIDE FOR THE PERMANENT RETENTION OF PRIVATE MATERIALS FOR PURPOSES THAT VIOLATE THE FIRST AMENDMENT AND FOURTH AMENDMENT TO THE CONSTITUTION. THE NIXON CASE ILLUSTRATES THAT RETROACTIVE LEGISLATION DIRECTED AT PUBLIC MATERIALS OF A PRESIDENT DOES NOT NECESSARILY VIOLATE THE TWO AMENDMENTS. CONSTITUTIONALLY PROTECTED INTERESTS IN PRESIDENTIAL MATERIALS AND THE IMPORTANCE OF PRIVACY INTERESTS IN SUCH MATERIALS ARE DISCUSSED. (DEP)
Index Term(s): Federal government; Laws and Statutes; Right of privacy
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=50656

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.