Constitutional Law - Fifth Circuit Court of Appeals Denies Texas Reporter's First Amendment Claim of Right to Film Prison Execution
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Mobley, Katherine A.
INTRODUCTION|The first amendment to the United States Constitution declares that "Congress shall make no law ... abridging the freedom of speech, or of the press. .. " In Garrett v. Estelle, the Fifth Circuit Court of Appeals rejected the contention of a Dallas, Texas, television reporter that the press had the right under the first amendment to film an execution in the Texas State Prison. The court held that the Constitution does not require that the government accord the press special access to information not shared by members of the public generally. Accordingly, since the public is not allowed to attend executions in Texas, the Fifth Circuit Court of Appeals concluded that "the first amendment does not accompany the press where the public may not go." The three-judge panel also rejected the reporter's fourteenth amendment claim that the state of Texas was discriminating against television reporters by denying Garrett the...
11 Creighton L. Rev. 1031 (1977-1978)
Creighton University School of Law