Comment by Peter C. Rathmell
While the President saying that other reporters who step out of line could face discipline would likely not violate the First Amendment under traditional theories, this Comment will show how informal government speech can fit into current First Amendment jurisprudence as the natural next step in the evolution of prior restraint, and help reporters retain their duty to hold the government accountable. Moreover, this Comment will argue that suppressive speech by a governmental actor should implicate the First Amendment regardless of whether the speech has actual authority behind it or not. Most importantly, this Comment attempts to lay a foundation for how reporters and journalists can attempt to protect themselves from suppressive governmental speech using the First Amendment.
About the Author
Peter C. Rathmell. J.D. candidate 2020, Tulane University Law School; B.A. 2017, Washington and Lee University
Citation
94 Tul. L. Rev. 129 (2019)