"Both Justices and scholars have long debated whether the “freedom . . . of the press” was historically understood as securing special constitutional rights for the institutional press (newspapers, magazines, and broadcasters). This issue comes up in many fields: campaign finance law, libel law, the newsgatherer’s privilege, access to government facilities for newsgathering purposes, and more. Most recently, last year’s Citizens United v. FEC decision split 5–4 on this very question, and not just in relation to corporate speech rights."
The Freedom . . . Of the Press,” from 1791 to 1868 to Now -- Freedom for the Press as an Industry, or the Press as a Technology?
SSRN-Eugene Volokh:
