The First Amendment and the Free Press: A Comment on Some New Trends and Some Old Theories

Authors

William W. Van Alstyne, Duke Law SchoolFollow

Document Type

Article

Publication Date

1980

Keywords

free speech, free press, First Amendment, media, press, fourth estate

Abstract

Responding to the trend of media rights being subjugated through the legal process, this article examines Justice Stewart's suggestion that the media should be treated with extra deference in First Amendment cases. This examination looks at the sufficiency of the press's claim of judicial harshness, whether the press should be treated differently than other speakers, and also compares press freedom in foreign nations.

Citation

William W. Van Alstyne, The First Amendment and the Free Press: A Comment on Some New Trends and Some Old Theories, 9 Hofstra Law Review 1-37 (1980)