Course Description
This seminar will take an in-depth look at the constitutional rights of the “press.” Topics of discussion will include the history of the Press Clause, the relationship between the Speech Clause and the Press Clause, the definition of the “press” under the Constitution, and the rights available to the press.
Additional Requirements for Graduate Students:
Graduate law students will not be doing any extra work beyond
that required of the Juris Doctor students. J.D. students are
post-baccalaureate students and the workload expected of them
is the same workload expected of post-baccalaureate graduate
students. Law students are professional students, not
undergraduate students. Graduate law students are primarily
international lawyers seeking expertise in the American legal
system. This expertise is gained through exposure to Juris
Doctor courses.
Athena Title
The Press and the Constitution
Prerequisite
JURI 5576/7576 or JURI 4190/6190
Semester Course Offered
Offered spring
Grading System
A - F (Traditional)
Course Objectives
To encourage students to look critically at the United States Supreme Court's analysis of the First Amendment's Press Clause and to develop a legal framework for how the modern press might argue for more or different constitutional protections.
Topical Outline
1. The Framers and the Press Clause 2. The Goals of the Press Clause 3. The Supreme Court's Early Cases on the Press Clause 4. The Supreme Court's Modern Treatment of the Press Clause 5. The Relationship between the Speech Clause and the Press Clause 6. The Problems with Defining of the “Press” under the Constitution 7. Rights Available to the Press via Non-constitutional Avenues 8. How the Internet Might Change the Interpretation of the Press Clause