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Article
Televised Executions and the Constitution: Recognizing a First Amendment Right of Access to State Executions
All Faculty Scholarship
  • John Bessler, University of Baltimore School of Law
Document Type
Article
Publication Date
1-1-1993
Abstract

This article examines the history of public and private executions and the passage of private execution laws. It concludes that existing laws restricting media access to executions – and requiring private executions that exclude television cameras – are unconstitutional. The author examines existing statutory schemes which curtail media access and prohibit the filming of executions, discusses legal challenges to such laws, and explores freedom of the press jurisprudence. In particular, the article analyzes First Amendment case law and right-of-access cases. The author also discusses the Eighth Amendment's relationship to First Amendment case law in the area of media coverage of executions.

Citation Information
Televised Executions and the Constitution: Recognizing a First Amendment Right of Access to State Executions, 45 Fed. Comm. L.J. 355 (1993)