Texas Law Review Archives
 

Volume 80
2001-2002

Issue Number 3


Article:

David A. Anderson, Freedom of the Press, 80 TEXAS L. REV. 429 (2002).

 

Abstract:

In “Freedom of the Press,” Professor Anderson takes on the question of what exactly constitutes “the press” and how we select those individuals and entities that get to enjoy the special privileges of “the press” in our legal system.  As traditional forms of media are merging and dissolving into new ones, the method of defining “press” by media forms has become increasingly problematic.  Professor Anderson argues for a functional definition of “the press” that remains consistent while forms of media change.  Anderson goes on to offer three alternatives for legal treatment of the press: giving the press no preferential legal treatment; giving it preferences but not as a matter of First Amendment law; or reading the Press Clause as a source of special protection for the press.  The article concludes by arguing that it is necessary to select a coherent definition and legal approach to the press as a preferred institution.
 

 

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