First Amendment - Press

Question 1

Is the press entitled to any special rights or protections under the First Amendment?

Answer 1

No. The press cannot be subject to special laws, taxes, or requirements. However, they can be forced to comply with generally applicable laws, taxes, and subpoenas.

Question 2

Can the press be subject to special taxes that apply only to them? What about generally applicable taxes?

Answer 2

No. The press cannot be subject to special taxes that only affect the press. However, they are subject to general taxes.

Question 3

What scrutiny applies when the government tries to regulate the press?

Answer 3

Strict Scrutiny.

Question 4

Arkansas Writers v. Ragland

Can the government pass laws that regulate a certain type of publication?

Answer 4

This is a content based regulation. So it must fulfill strict scrutiny.
However, the government was allowed to regulate different types of media different ways in Leathers v. Medlock.

Question 5

Does the press have a special exception from generally applicable laws?

Answer 5

No. They must adhere to general regulatory laws. The freedom of the press does not excuse them from these.

Question 6

Must the press abide by Antitrust, wage, labor, etc. laws?

Answer 6

Yes. The press must abide by all laws.

Question 7

Cohen v. Cowles Media
If a generally applicable law has an incidental effect on the presses ability to report the news, is the press still held to that law?

Answer 7

yes. Simply because generally applicable laws have incidental effects on its ability to gather and report the news does not mean that generally applicable laws violate the first amendment.

Question 8

Branzburg v. Hayes

Do Subpoenas apply to the press?

Answer 8

Yes. Subpoenas apply to the press the same they apply to the general public.

Question 9

Zurcher v. Stanford Daily

Does the First Amendment protect the press from valid police searches?

Answer 9

No. If the police have probable cause/ warrant then they can search the press the same as anyone else.

Question 10

Red Lion Broadcasting v. FCC

Can the Government force a radio or cable network to provide time for smaller networks?

Answer 10

Yes. No one has the right to monopolize the airwaves because there is a limit as to how many airwaves are available. So the network can be forced to provide time to different programs.

Question 11

Miami herald v. Tornillo

Can the government force newspapers to allow a right to reply within newspapers that publish articles about them?

Answer 11

No. The press has the decision as to who and what gets time on its pages.