Texas Law Review Archives
 

Volume 58
1979-1980

Issue Number 1

Note:
Charles T. Marshall & F. Scott McCown, Examining the Institutional Interpretation of the Press Clause, 58 TEXAS L. REV. 171 (1979).
 

Abstract:
The First Amendment’s freedom of the press clause has spawned conflicting interpretations. Specifically, scholars disagree over whether the clause recognizes merely an individual’s right to publish, or whether members of the press have an institutional protection that is not afforded to the public at large. Proponents of the role allocation interpretation argue that the press must have special rights in order to fulfill its Constitutional function as a watchdog of the government. These arguments are subjected to scrutiny by the authors, who conclude that while there may be a need for an institutional protection for the press as a whole, that protection must be tempered with other competing First Amendment protections.




 





 

 




 

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