Constitution doesn't authorize press passes or special treatment for reporters - Reader comments at The New York Sun

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Columnist Sues City Over Press Passes
in response to reader comment: Constitution doesn't authorize so-called "press passes"

Submitted by Ken, Feb 22, 2008 02:28

The Constitution gives everyone the right to publish their ideas via the press or any other form of media. It does not say that the newspaper business has any special rights beyond those of ordinary citizens. The only legitimacy for press passes is when the space or resources needed by observers of events is not adequate to satisfy all that want to be observers. Then a form of rationing must take place, allowing only the number of observers that will fit within the space and resources. Then priority can logically be given to those who are going to publish information that will be made widely available to the general public; in other words, allow those observers who will ultimately cause the greatest number of citizens to be informed. This process is what makes it appear that the "press" business has special rights (which it doesn't).

Examples are high profile trials where some of the observer seating is allocated to "press" outlets via a lottery, and the rest of the seating is allocated by lottery to anyone who is interested.

Special rights such as protection of sources are not granted in the Constitution, but granted by laws passed by states or the federal government.

It would seem that if this person can show that his coverage gains distribution to a great number of citizens, then he must be given a press pass, unless there are an unmanageable number of small scale publishers who are similarly situated. Even in the case of unmanageable numbers, the case could be made that a lottery must be held to give press passes to a certain number of these small scale publishers.

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Other reader comments on this article

Comment	By	Date
As I remember it (before my 2001 buyout), the NYC Police issued Press IDs as well as Press Passes; and... [MORE]	Jim Brumm	Feb 23, 2008 00:41
I applaud Levitt for fighting back. An experienced journalist, I recall I also had a very difficult time with the... [MORE]	prsun	Feb 22, 2008 13:19
If only traditional news organizations are entitled to press passes there will be less and less information available. Internet, TV... [MORE]	Platousa	Feb 22, 2008 01:22
From reading this article, it seems that he has technically not been a member of the press since 2005, and... [MORE]	josh	Feb 22, 2008 00:50
As Platousa points out, the NYPD only recognizes full time staff of networks or newspapers, not independent contractors who have,... [MORE]	Jon	Feb 22, 2008 11:01
Press passes ARE a right! The only reason to suppress is to prevent certain reporters who might be more critical.... [MORE]	mda	Feb 21, 2008 22:45
the police should not be the gatekeeper for press passes, particularly for passes to cover their own police department. this... [MORE]	David	Feb 21, 2008 19:46
The press have a RIGHT to access. It is not a privilege. Any law or statute that contradicts the constitution... [MORE]	freeman	Feb 21, 2008 17:18
Where in the U.S. Constitution does it say everyone who claims to be a journalist gets a press pass? It... [MORE]	Colin Killian	Feb 21, 2008 18:33
The system of press passes is as unconstitutional as "free speech zones". In the immortal words of Justice Felix Frankfurter... [MORE]	Patrick	Feb 21, 2008 20:43
where in the constitution does it say you need a press pass? freedom of the press is just that. just because... [MORE]	freeman	Feb 22, 2008 00:50
The Constitution gives everyone the right to publish their ideas via the press or any other form of media. It...	Ken	Feb 22, 2008 02:28
Levitt used to work for Newsday and they actually extended his press pass for an extra year as a courtesy.... [MORE]	Jennifer Collins	Feb 21, 2008 16:22
So just what is a journalist? Publish on line and you are a "blogger," but go to work for a... [MORE]	thomas	Feb 22, 2008 02:21
Whaaaaat???? The media is issued papers and the police check them? That's more than they do about illegals! This Mr.... [MORE]	Tim	Feb 21, 2008 16:01
Mr. Levitt- You shouldn't bite the hand that feeds you. Things like this will probably happen when you do. [MORE]	Rufusthedog	Feb 21, 2008 15:12
We feed the police. We finance their efforts through our non-voluntary tax contributions. They work for us and should be... [MORE]	PhotoSurveyor	Feb 21, 2008 22:57
Raymond Kelly rules the police department with an iron hand. With the exception of Patrick Lynch of the Patrolmen's Benevolent... [MORE]	Stanley Bleecher	Feb 22, 2008 09:31
Obvious abuse of power by NYPD chief and denial of freedom of speech. I want to hear what gets done... [MORE]	Frances	Feb 21, 2008 13:40
Good for him! Don't let yourself be a doormat for bureacracy. [MORE]	mike	Feb 21, 2008 12:55
February 21, 2008 So the NYPD declined to renew a reporter's press pass. And the reporter claims that the NYPD Commissioner... [MORE]	Paul Kellogg	Feb 21, 2008 12:08
Sounds to me as if the police department has something to hide. If the reporter is a lier, all they need... [MORE]	Derick Moore	Feb 21, 2008 10:58
It is not surprising that The NYPD is closing the ranks on critical voices. In light of the allegations against... [MORE]	Anonymous	Feb 21, 2008 10:04
I think the saying goes "When you bite the hand that feeds..." [MORE]	james	Feb 21, 2008 09:35
Good for the City of New York! Press passes are not a right but a privilege. The City should have... [MORE]	ricardo maxwell	Feb 21, 2008 08:47
Curiouser and curiouser. Sounds as though a member of the press is getting special treatment from the NYPD for writing... [MORE]	Paul Kellogg	Feb 21, 2008 16:09
Two experiences from the same police department more than a decade apart: When I started my first print publication in 1992,... [MORE]	Jeff Barea	Feb 21, 2008 07:56
The NYPD has become so blinded by the events of 9/11 that they have cracked down in the most absurd,... [MORE]	Jon	Feb 21, 2008 17:26
of course it makes sense.... all your articles should cover the heroic work of our police department and our fire... [MORE]	freeman	Feb 22, 2008 01:06
Finally someone -- Jon -- has gotten the point of the matter. Kudos. Irrespective of whether owning a press pass... [MORE]	Marty	Feb 22, 2008 01:43
freedom of the press (and speech, etc...) is so fundamental to democracy and human rights that it is not up... [MORE]	freeman	Feb 22, 2008 04:12

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