Since President Donald Trump took office in 2017, there has been tension between the White House and the press. While this tension has been present in prior presidencies, its current manifestation raises important First Amendment issues. This Note discusses the limitations of the President to restrict the press’s right of First Amendment access to presidential press conferences. After delving into the Supreme Court’s development and recognition of the press’s right of access and how the lower courts have interpreted this right, this Note proposes a framework to analyze the press’s right of access and addresses the question of when and on what grounds the President can restrict this right. To illustrate these principles, this Note focuses on how three events involving President Trump and the press—the Gaggle Exclusion, the Press Conference Exclusion, and the Press Pass Suspension—implicate the First Amendment and applies the suggested framework for analyzing the press’s right of access to these three events.
Alexandria R. Taylor,
“Opening the Door” to Presidential Press Conferences: A Framework for the Right of Press Access,
26 Wash. & Lee J. Civ. Rts. & Soc. Just. 837
Available at: https://scholarlycommons.law.wlu.edu/crsj/vol26/iss2/12