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Private Actors, Public Rights: Surrogate Litigation and Press Rights in a Post-Newspaper Age

34 Pages Posted: 7 Jun 2011  

Patrick Kabat

The Information Society Project at Yale Law School

Date Written: May 21, 2009

Abstract

By lavishing attention on the implications of diminished news-gathering for an informed society, and striking about for new business models, we have glossed over a more threatening dimension of the news-gathering crisis: the looming erosion of the legal landscape upon which newspapers and other media entities have relied to conduct effective news-gathering.

Those rights are gradually disappearing. The era in which a single industry could single-handedly shoulder the costs of litigation required to preserve and enforce necessary First Amendment and statutory entitlements is gone. Law school clinics are perfectly positioned to address the void in private actors' enforcement of crucial, publicly held press rights.

Keywords: media, first amendment, news-gathering, news, access, clinics, non-profit, media law, foia, citizen-journalism, journalism

Suggested Citation

Kabat, Patrick, Private Actors, Public Rights: Surrogate Litigation and Press Rights in a Post-Newspaper Age (May 21, 2009). Available at SSRN: https://ssrn.com/abstract=1858851 or http://dx.doi.org/10.2139/ssrn.1858851

Patrick Kabat (Contact Author)

The Information Society Project at Yale Law School ( email )

127 Wall Street
New Haven, CT 06511
United States

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