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What does right of free press mean exactly?

Posted on 11/16/2018 6:20:07 PM PST by Jonty30

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To: Jonty30

This case appears to be the most succinct in defining the issue. A reporter wanted to be exempt from subpoena.

Branzburg v Hayes (1972)
https://www.law.cornell.edu/supremecourt/text/408/665

Here’s a couple of comments that stand out:

“Until now, the only testimonial privilege for unofficial witnesses that is rooted in the Federal Constitution is the Fifth Amendment privilege against compelled self-incrimination. We are asked to create another by interpreting the First Amendment to grant newsmen a testimonial privilege that other citizens do not enjoy. This we decline to do.”

“We are unwilling to embark the judiciary on a long and difficult journey to such an uncertain destination. The administration of a constitutional newsman’s privilege would present practical and conceptual difficulties of a high order. Sooner or later, it would be necessary to define those categories of newsmen who qualified for the privilege, a questionable procedure in light of the traditional doctrine that liberty of the press is the right of the lonely pamphleteer who uses carbon paper or a mimeograph just as much as of the large metropolitan publisher who utilizes the latest photocomposition methods.”


21 posted on 11/17/2018 1:27:45 AM PST by abb ("News reporting is too important to be left to the journalists." Walter Abbott (1950 -))
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To: Jonty30

Freedom of the Press is not an individual freedom...it doesn’t give specific individuals special rights because they are employed by the press - else, we all have our 1st Amendment rights trod upon because we don’t have passes to attend the pressers.


22 posted on 11/17/2018 3:20:26 AM PST by trebb (Those who don't donate anything tend to be empty gasbags...no-value-added types)
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To: Jonty30

The “free press” is a restriction on government - just like religious freedom and free speech restrict government power.


23 posted on 11/17/2018 7:29:19 AM PST by Oldeconomybuyer (The problem with socialism is that you eventually run out of other people's money.)
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