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The Press’s Right of Access to Polling Places: Does Democracy Die Ten Feet Behind Closed Doors?

35 Pages Posted: 7 Apr 2013  

Trong Le

University of Iowa College of Law

Date Written: April 6, 2013

Abstract

The Third Circuit recently held in PG Publishing Company v. Aichele that a Pennsylvania statute did not violate the press’s constitutional rights by prohibiting media to access polling places. This decision conflicts with the Sixth Circuit’s decision in Beacon Journal Publishing Company, Inc. v. Blackwell. In Beacon Journal, the Sixth Circuit held that by prohibiting the press to access polling places, an Ohio statute violated the press’s constitutional rights. This Note examines this circuit split and argues that the Third Circuit misapplied the “experience and logic” test. Additionally, this Note advocates that courts should adopt a narrow definition of the press when allowing the press to access polling places.

Suggested Citation

Le, Trong, The Press’s Right of Access to Polling Places: Does Democracy Die Ten Feet Behind Closed Doors? (April 6, 2013). Available at SSRN: https://ssrn.com/abstract=2246111 or http://dx.doi.org/10.2139/ssrn.2246111

Trong Le (Contact Author)

University of Iowa College of Law ( email )

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