United States Third Circuit
PG Publishing Co. v. Aichele, 12-3863
In 1983 action challenging statute that restricted access to a polling place as an infringement on the media's First Amendment right to gather news, judgment dismissing suit and denying entry of a Consent Decree is affirmed, where: 1) while the First Amendment does protect plaintiff' right of access to gather news, that right does not extend to all information; 2) the right of First Amendment access requires a two-prong evaluation of whether the place and process have historically been open to the press and whether public access plays a significant positive role in the functioning of the particular process in question; 3) this "experience and logic" test is applicable to polling places and the voting process; 4) both prongs of the "experience and logic" test militate against finding a right of access in this case; 5) the allegations of selective enforcement of the statute does not give rise to a claim under the Equal Protection Clause; and 6) the district court did not err in refusing to enter the Consent Decree.
- Decided 01/15/2013
- Published 01/15/2013
- United States Third Circuit