University of North Carolina School of Law Carolina Law Scholarship Repository Faculty Publications Faculty Scholarship 2020 Protecting the Role of the Press in Times of Crisis Mary-Rose Papandrea University of North Carolina School of Law,
[email protected] Follow this and additional works at: https://scholarship.law.unc.edu/faculty_publications Part of the Law Commons Publication: William & Mary Law Review Recommended Citation Papandrea, Mary-Rose, "Protecting the Role of the Press in Times of Crisis" (2020). Faculty Publications. 499. https://scholarship.law.unc.edu/faculty_publications/499 This Article is brought to you for free and open access by the Faculty Scholarship at Carolina Law Scholarship Repository. It has been accepted for inclusion in Faculty Publications by an authorized administrator of Carolina Law Scholarship Repository. For more information, please contact
[email protected]. PROTECTING THE ROLE OF THE PRESS DURING TIMES OF CRISIS MARY-ROSE PAPANDREA* TABLE OF CONTENTS INTRODUCTION ..................................... 1160 I. NEW YORK TIMES CO. V. SULLIVAN AND DEFAMATION LAW ................................. 1163 II. NEW YORK TIMES CO. V. UNITED STATES AND NATIONAL SECURITY SECRETS................................ 1170 III. LACK OF NEWSGATHERING PROTECTIONS.............. 1181 CONCLUSION ....................................... 1185 * Samuel Ashe Distinguished Professor of Constitutional Law, University of North Carolina School of Law. Many thanks to the William & Mary Law Review for inviting me to participate in its Symposium, The Role of the Courts in Socially and Politically Charged Moments, and to the other participants for their thoughtful comments on this Article. 1159 1160 WILLIAM & MARY LAW REVIEW [Vol. 61:1159 INTRODUCTION President Trump’s daily tweets attacking the media have led many observers to express concern about the state of the press in our nation.