Press Protection in the Blogosphere

Since the Supreme Court first acknowledged constitutional protection for “the lonely pamphleteer,” (Branzburg v. Hayes, 1972), the lines between who does and does not receive deference under the First Amendment as members of the press have been blurry. The dominant position with respect to First Amendment protections—in theory if not in practicality—is that the press does not receive any privileges that individuals do not receive. Still, “the press” is often singled out to be accommodated at public events and protective legal doctrines are sometimes casually referred to with reference to “the press” ( New York Times v. United States, 1971; Near v. Minnesota, 1931) ¹ without necessarily any explicit insistence that the doctrines may apply more broadly. Add to the existing ambiguity a potentially new form of press—the blog—and who qualifies as “the press” may be as much open to debate as whether the press in any form deserves special protections.