Tuesday, April 23, 2013
Trong Le, University of Iowa College of Law, has published The Press’s Right of Access to Polling Places: Does Democracy Die Ten Feet Behind Closed Doors? Here is the abstract.
The Third Circuit recently held in PG Publishing Company v. Aichele that a Pennsylvania statute did not violate the press’s constitutional rights by prohibiting media to access polling places. This decision conflicts with the Sixth Circuit’s decision in Beacon Journal Publishing Company, Inc. v. Blackwell. In Beacon Journal, the Sixth Circuit held that by prohibiting the press to access polling places, an Ohio statute violated the press’s constitutional rights. This Note examines this circuit split and argues that the Third Circuit misapplied the “experience and logic” test. Additionally, this Note advocates that courts should adopt a narrow definition of the press when allowing the press to access polling places.
Download the full text of the paper from SSRN at the link.