The Origins of the Press Clause

Patrick J. Charles, U. S. Air Force, and Kevin Francis O’Neill, Cleveland-Marshall College of Law, have published Saving the Press Clause from Ruin: The Customary Origins of a ‘Free Press’ as Interface to the Present and Future, in the 2012 volume of the Utah Law Review. Here is the abstract.

Based on a close reading of original sources dating back to America’s early colonial period, this article offers a fresh look at the origins of the Press Clause. Then, applying those historical findings, the article critiques recent scholarship in the field and reassesses the Press Clause jurisprudence of the Supreme Court. Finally, the article describes the likely impact of its historical findings if ever employed by the Court in interpreting the Press Clause.

Download the article from SSRN at the link.