us-constitution
Who enjoys freedom of the press?
<p>In the 18th century it was decided that in the U.S.A. "freedom of the press" would prevail.</p>

<p>"The press" is the <b>printing press</b>, a technology for mass-producing copies on paper.  Thus freedom of the press would appear to mean freedom to use that technology, a freedom belonging equally to those whose job is to do that and those who do it only once.</p>

<p>But sometimes people use the phrase "the press" to mean those whose occupation is to make and distribute copies of their writings, or else those who report the news (via the web as well as the old-fashioned way?).  It seems some people construe "freedom of the press" to be a freedom belonging only to that class of people, perhaps even according them special rights that others don't have.</p>

<p>Which is it?</p>

<p>This is an important question that affects consumer advocacy, blog-based-journalism, political speech and spending, and probably other things.</p>

<p>People disagree about what the answer is.</p>

<p><a href="http://www.fed-soc.org/multimedia/detail/non-media-speech-is-it-free-podcast">This podcast episode</a> features both sides of the argument.</p>

<p>Professor Volokh holds the view that the freedom of the press is "freedom to print", "freedom to use the printing press". Freedom of the press is the freedom of everybody to use the printing press. Assessing the grammar of the clause, he argues that this points in the same direction. The text says "freedom of speech or of the press". He points out that speech is not a group of people. It would be odd to treat "speech" as an activity, but to treat "press" as a group of people given the parallel construction. This side of the argument is described more in <a href="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1802229">this article by Prof. Volokh</a>.</p>

<p>Professor West argues that there is a defined group of people called "the press" that deserves protection under this clause. <a href="http://www.uclalawreview.org/pdf/58-4-3.pdf">This article</a> explains Prof. West's position in detail. The main point is that "An expansive definition of the press means virtually complete overlap between press and speech and thus no meaningful way to interpret the Press Clause." If "press" means simply the right to publish speech, then it becomes redundant because courts have held the right to publish speech is given under that "speech" portion of the clause. Justice Stevens's concurrence in Citizens United also argued for "some kinds of identity-based distinctions" regarding whether a person is a member of the press.</p>

<p>Each side can give examples of the term "the press" being used at the time of the First Amendment that is consistent with their favored interpretation.</p>

<p>I think to get the best idea of the two sides to this question, you should read <a href="http://www.supremecourt.gov/opinions/09pdf/08-205.pdf">Citizens United</a> (including all dissents and concurrences), read the two articles linked above, and listen to the podcast episode.</p>

<p>As the other answer notes, there are competing interpretations of what "freedom of the press" meant when the First Amendment was adopted.</p>

<p>Today, though, there is no question that the law is applied to extend "freedom of the press" to everyone, regardless of whether they are "publishers" in the traditional sense. At least as far as the First Amendment is concerned, being a publisher does not exempt you from generally applicable laws:</p>

<blockquote>
  <p>It is a permissible reading of the text, in the one case as in the other, to say that if prohibiting the exercise of religion (or burdening the activity of printing) is not the object of the tax but merely the incidental effect of a generally applicable and otherwise valid provision, the First Amendment has not been offended.</p>
</blockquote>

<p><a href="https://caselaw.findlaw.com/us-supreme-court/494/872.html" rel="nofollow noreferrer"><em>Employment Div. v. Smith</em>, 494 U.S. 872, 878 (1990)</a>.</p>

<p>Nor does it grant you any special rights:</p>

<blockquote>
  <p>Despite the fact that news gathering may be hampered, the press is regularly excluded from grand jury proceedings, our own conferences, the meetings of other official bodies gathering in executive session, and the meetings of private organizations. Newsmen have no constitutional right of access to the scenes of crime or disaster when the general public is excluded. Similarly, newsmen have no constitutional right of access to prisons or their inmates beyond that afforded the general public.</p>
</blockquote>

<p><a href="https://caselaw.findlaw.com/us-supreme-court/417/817.html" rel="nofollow noreferrer"><em>Pell v. Procunier</em>, 417 U.S. 817, 833–34 (1974)</a>.</p>
