Does freedom of the press belong to the institutional media or to every American who wishes to publish?
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 obtain damages from regular citizens than from 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.
Brief of the Institute for Free Speech, Electronic Frontier Foundation; Profs. William Funk, Ofer Raban, and Kyu Ho Youm; and Howard Bashman, SCOTUSblog, Inc., Prof. Glenn Harlan Reynolds, and Prof. Eugene Volokh, Oregon Supreme Court (March 19, 2021)
Brief of the Institute for Free Speech, Electronic Frontier Foundation; Profs. William Funk, Ofer Raban, and Kyu Ho Youm; and Prof. Glenn Harlan Reynolds, Howard Bashman, SCOTUSblog, Inc., and Prof. Eugene Volokh, Oregon Supreme Court (December 4, 2020)