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The Supreme Court has consistently declined to interpret the First Amendment to extend exclusive protections for the press. Across areas like newsgathering, rights of access, and protection of confidential sources, the Court has repeatedly rejected the press’s claims to particularized constitutional treatment. Yet many states have pursued a different approach. Each state constitution contains independent press and speech provisions. These provisions diverge from the First Amendment – in their texts, drafting histories, and interpretive precedents – in ways that can be rights-expanding for the press.
This chapter argues that these state constitutional provisions have been underutilized by press advocates. These state constitutional press and speech protections, along with other related constitutional provisions, hold promise as a powerful source of independent protection for journalists. They can be used to fill gaps left by the Supreme Court’s often flimsy and scattershot First Amendment approach. They can be more easily amended to respond to new and growing threats to the press. And they can operate as a safety net to catch the press if the Roberts Court decides to withdraw critical First Amendment press protections. Moreover, the lessons of the state constitutional experience can be used to support expanded federal press protections under the First Amendment.
Chapter 5 reflects on how accessibility is understood in the CRPD and how it is interpreted by the CRPD Committee. It conducts a broad examination of the multidimensional concept of ‘accessibility’ and its relationship with universal design and assistive devices. It discusses the role of ‘accessibility rights’ in the Convention and focuses on the content and scope of Article 9, addressing the relationship between accessibility and non-discrimination. The chapter investigates the differences between accessibility and reasonable accommodation, in light of the CRPD Committee’s jurisprudence. Finally, the chapter briefly analyses Article 21 CRPD on access to information and communications.
Chapter 5 reflects on how accessibility is understood in the CRPD and how it is interpreted by the CRPD Committee. It conducts a broad examination of the multidimensional concept of ‘accessibility’ and its relationship with universal design and assistive devices. It discusses the role of ‘accessibility rights’ in the Convention and focuses on the content and scope of Article 9, addressing the relationship between accessibility and non-discrimination. The chapter investigates the differences between accessibility and reasonable accommodation, in light of the CRPD Committee’s jurisprudence. Finally, the chapter briefly analyses Article 21 CRPD on access to information and communications.
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