Abstract

http://ssrn.com/abstract=1802229
 


 



The Freedom...of the Press, from 1791 to 1868 to Now - Freedom for the Press as an Industry, or the Press as a Technology?


Eugene Volokh


University of California, Los Angeles (UCLA) - School of Law


University of Pennsylvania Law Review, Vol. 160, 2011
UCLA School of Law Research Paper 11-10

Abstract:     
Both Justices and scholars have long debated whether the “freedom...of the press” was historically understood as securing special constitutional rights for the institutional press (newspapers, magazines, and broadcasters). This issue comes up in many fields: campaign finance law, libel law, the news gatherer’s privilege, access to government facilities for news gathering purposes, and more. Most recently, last year’s Citizens United v. FEC decision split 5-4 on this very question, and not just in relation to corporate speech rights.

This article discusses what the “freedom of the press” has likely meant with regard to this question, during (1) the decades surrounding the ratification of the First Amendment, (2) the decades surrounding the ratification of the Fourteenth Amendment, and (3) the modern First Amendment era. The article focuses solely on the history, and leaves the First Amendment theory questions to others. And, with regard to the history, it offers evidence that the “freedom...of the press” has long been understood as meaning freedom for all who used the printing press as technology - and, by extension, mass communication technology more broadly - and has generally not been limited to those who belonged to the institutional press as an industry.

Number of Pages in PDF File: 64

Keywords: Free Speech, Free Press, Freedom of Speech, Freedom of the Press, First Amendment, Constitutional Law, Constitutional History

Accepted Paper Series





Download This Paper

Date posted: April 5, 2011 ; Last revised: April 21, 2011

Suggested Citation

Volokh, Eugene, The Freedom...of the Press, from 1791 to 1868 to Now - Freedom for the Press as an Industry, or the Press as a Technology?. University of Pennsylvania Law Review, Vol. 160, 2011; UCLA School of Law Research Paper 11-10. Available at SSRN: http://ssrn.com/abstract=1802229

Contact Information

Eugene Volokh (Contact Author)
University of California, Los Angeles (UCLA) - School of Law ( email )
385 Charles E. Young Dr. East
Room 1242
Los Angeles, CA 90095-1476
United States
310-206-3926 (Phone)
310-206-6489 (Fax)
Feedback to SSRN


Paper statistics
Abstract Views: 4,307
Downloads: 743
Download Rank: 18,109

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo7 in 0.579 seconds