Subject: [EL] Articles or briefs defending the media-has-special-free-press-clause rights position |
From: "Volokh, Eugene" <VOLOKH@law.ucla.edu> |
Date: 2/28/2011, 10:49 PM |
To: "election-law@mailman.lls.edu" <election-law@mailman.lls.edu> |
Folks: I’m looking for articles – whether law review articles, think tank papers, op-eds what have you – or briefs that argue that bans on corporate spending related to elections are no threat to the media, because media corporations have Free Press Clause rights while nonmedia corporations don’t. (This is basically the dissent’s position in Citizens United, as I understand it, though I’m open to pre-Citizens-United articles as well as post-Citizens-United articles.) I’m not just seeking arguments that the media exemption provides media with statutory protection; rather, I’m looking for arguments that the media have, or should have, constitutional rights under the Free Press Clause, which should be seen as limited to the institutional press. Any suggestions? Many thanks,
Eugene Volokh
UCLA School of Law