Rethinking Press Rights of Equal Access

Posted: 21 Sep 2009 Last revised: 23 Jan 2021

See all articles by Luke Milligan

Luke Milligan

Ordered Liberty Program, University of Louisville School of Law

Multiple version iconThere are 2 versions of this paper

Date Written: September 23, 2008

Abstract

The prevailing approach to First Amendment equal-access litigation, turning on the "general inclusivity" of government access, is deeply flawed. The standard has proved to be, in the end, unduly formalistic, hopelessly vague, and, perhaps most importantly, theoretically incompatible with the Supreme Court's emerging view that access is a form of government subsidy.

This paper calls on the courts to abandon their reliance on inclusiveness, and, in its place, tailor the definition of "access" to include only those government acts conducted "pursuant to official duties." The resulting doctrine would be one worthy of the federal courts - durable, coherent, and duly respectful of the traditional relations between public officials and the press.

Keywords: First Amendment, Press Access, Employee Speech

Suggested Citation

Milligan, Luke, Rethinking Press Rights of Equal Access (September 23, 2008). Washington and Lee Law Review, Vol. 66, No. 3, 2008, University of Louisville School of Law Legal Studies Research Paper Series No. 2009-07, Available at SSRN: https://ssrn.com/abstract=1272550

Luke Milligan (Contact Author)

Ordered Liberty Program, University of Louisville School of Law ( email )

Wilson W. Wyatt Hall
University of Louisville
Louisville, KY 40208
United States

HOME PAGE: http://www.louisville.edu/law/faculty-staff/faculty-directory/milligan-luke

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