Does freedom of the press belong to the institutional media or to every American who wishes to publish?

Last week, the Institute for Free Speech joined an amicus brief to the Oregon Supreme Court in an important case on this question. In Lowell v. Wright, an Oregon court ruled that plaintiffs in defamation cases can more easily sue and get damages from regular citizens than incorporated media entities. This ruling contradicts consistent Supreme Court rulings that the institutional press has no greater constitutional privilege than ordinary Americans.

The amicus brief was signed by IFS, the Electronic Frontier Foundation, Oregon Law Professors William Funk, Ofer Raban, and Kyu Ho Youm, and legal bloggers Professor Glenn Reynolds, Howard Bashman, SCOTUSblog, and Professor Eugene Volokh.

Professor Volokh published an excerpt of the brief in Reason. You should check it out. Or read the full brief here.