Communication Technology and New Media Commons^™

Demarcating The Right To Gather News: A Sequential Interpretation Of The First Amendment, Erik Ugland

Erik Ugland

The recent spate of cases in which reporters have been subpoenaed, fined, jailed, or otherwise disciplined has laid bare the divisions among the courts over the existence and scope of the “reporter’s privilege.” The cases have also exposed the doctrinal, historical, and theoretical infirmities of the broader legal framework that governs newsgathering. Resolving these conflicts has grown more urgent with the democratization of media and the emergence of bloggers and other news providers who have challenged traditional conceptions of “journalists” and “the press.” To settle these controversies, this Article moves past the courts’ desultory analyses, focuses on core principles, and …