About the Report
Today's press is in peril, endangered by legal restrictions on newsgathering, subject to harassment, and beset by economic woes that have caused newspapers to shutter as journalistic jobs vanish at alarming rates. The Floyd Abrams Institute for Freedom of Expression’s report, “The Press Clause: The Forgotten First Amendment,” is the product of two years of research into strengthening freedom of the press. Drawing on the insights of scholars and legal practitioners who met in five workshops to discuss the future of journalism and its relationship to the First Amendment, the report proposes measures to revitalize and empower the Press Clause, an often-overlooked part of the First Amendment.
The report challenges constitutional narratives that downplay the significance of the Press Clause and proposes reforms to enhance press freedom. Key proposals include strengthening newsgathering protections, such as journalistic shield laws to protect reporters’ ability to communicate confidentially with sources, exemptions from curfews during protests, and expanded access to public records. The report also addresses the role of the Press Clause in sustaining the economic viability of the press.
Read the Report: “The Press Clause: The Forgotten First Amendment”