From the abstract: "This short
essay considers recent debates about the Press clause against the backdrop of
the Internet’s influence on the dissemination of information. In the last two
years scholars have engaged in a lively debate about how to define “the Press”
in an Internet age, and how the difficulties in reaching a coherent, stable
definition affect press claims for constitutional protection. Space limitations
preclude a comprehensive analysis of those debates, let alone a solution.
However, the essay does offer some preliminary thoughts about the current
debate, and suggests some tentative conclusions that can frame ongoing research
and discussion. In particular, it suggests that press claims for protection
under the Clause and the Internet’s technological transformation of
communications combine to make it increasingly important for decision-makers to
define the press. It also suggests that this definitional task is best
undertaken as a combined effort of legislatures, with their greater
responsiveness and line-drawing flexibility, and courts, reviewing such
definitions for compliance with the basic principles underlying the Clause." Read more
