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.