Freedom of the Press

Question 1

Freedom of Press

Answer 1

The press gets no greater 1st amendment rights or protections than individuals

Except where govt singles out press solely b/c its the press: govt cannot regulate or tax the press solely because its the press. It would chill press (event if it benefits them). Must pay the taxes applicable to all businesses though

Laws of general applicability apply to the press equally

1st Amendments doesn’t prohibit a plaintiff from recovering damages under promissory estoppel law against press (doesn’t protect press from liability)

Question 2

Press has no protection against being forces to disclosure confidential sources, unless it can assert valid privilege under the 5th Amendment

Answer 2

1st Amendment does not guarantee press constitutional right of special access to info not available to public generally

1st Amendment does not protect press from valid searches pursuant to valid warrants

Question 3

Freedom of Press: Gaining Govt Docs/Places

Answer 3

Broad 1st Amendment right for the public to attend judicial proceedings
But Pretrial proceedins could be closed off to press/public
Though Voire Dire cannot be closed to the public
Press isn’t entilted to any greater right of access to prisons