Among the most enduring principles of First Amendment law is that freedom of the press and of speech are for everyone, not just credentialed journalists. This was addressed forcefully in Branzburg v. Hayes, a 1972 case in which Justice Byron White, writing for a 5-4 majority, rejected the notion that reporters have a constitutional right to protect their anonymous sources. The reason: Reporters do not have more First Amendment rights than ordinary citizens.
The administration of a constitutional newsman’s privilege would present practical and conceptual difficulties of a high order. Sooner or later, it would be necessary to define those categories of newsmen who qualified for the privilege, a questionable procedure in light of the traditional doctrine that liberty of the press is the right of the lonely pamphleteer who uses carbon paper or a mimeograph just as much as of the large metropolitan publisher who utilizes the latest photocomposition methods.
Now a lawsuit brought on behalf of six members of the public argues that White House restrictions against some news organizations violate not just the right of those organizations to report but also the public’s right to news and information.