Saving the Press Clause from Ruin: The Customary Origins of a 'Free Press' as Interface to the Present and Future
82 Pages Posted: 28 Feb 2012 Last revised: 15 May 2013
Date Written: February 28, 2012
Based on a close reading of original sources dating back to America's early colonial period, this article offers a fresh look at the origins of the Press Clause. Then, applying those historical findings, the article critiques recent scholarship in the field and reassesses the Press Clause jurisprudence of the Supreme Court. Finally, the article describes the likely impact of its historical findings if ever employed by the Court in interpreting the Press Clause.
Keywords: First Amendment, liberty of the press, freedom of the press, free press, constitution, history, originalism, textualism, intellectual history, press as technology
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