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

Patrick J. Charles

Government of the United States of America - Air Force

Kevin Francis O'Neill

Cleveland State University, Cleveland-Marshall College of Law

Date Written: February 28, 2012

Abstract

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

Suggested Citation

Charles, Patrick J. and O'Neill, Kevin Francis, Saving the Press Clause from Ruin: The Customary Origins of a 'Free Press' as Interface to the Present and Future (February 28, 2012). Utah Law Review, Vol. 2012, No. 4, 2012, pg. 1691; Cleveland-Marshall Legal Studies Paper No. 2012563. Available at SSRN: https://ssrn.com/abstract=2012563

Patrick J. Charles (Contact Author)

Government of the United States of America - Air Force ( email )

Washington, DC
United States

Kevin Francis O'Neill

Cleveland State University, Cleveland-Marshall College of Law ( email )

2121 Euclid Avenue, LB 138
Cleveland, OH 44115-2214
United States

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