Eugene Volokh argues that in the First Amendment "the press" is the freedom to use a technology, not a freedom only for members of a specific industry.

But other judges and scholars -- including the Citizens United majority and Justice Brennan -- have argued that the "freedom ... of the press" does not protect the press-as-industry, but rather protects everyone's use of the printing press (and its modern equivalents) as a technology. People or organizations who occasionally rent the technology, for instance by buying newspaper space, broadcast time, or the services of a printing company, are just as protected as newspaper publishers or broadcasters. ...

The answer, it turns out, is that people during the Framing era likely understood the text as fitting the press-as-technology model -- as securing the right of every person to use communications technology, and not just securing a right belonging exclusively to members of the publishing industry. The text was likely not understood as treating the press-as-industry differently from other people who wanted to rent or borrow the press-as-technology on an occasional basis.

That is: professional journalists have no more and no less freedom than any of the rest of us.

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