Knowledge institutions in constitutional democracy: reflections on ‘the press’

ABSTRACT Knowledge institutions—understood as ongoing entities with a central purpose of creating or disseminating knowledge according to disciplinary standards—are central to the workings of a constitutional democracy. The press is made up of knowledge institutions that should be recognized as such. Moreover, and contrary to the suggestions of some jurists, the press can be reasonably defined, without suspect content discrimination, in light of its special role in seeking and reporting knowledge; different definitions may be appropriate for different purposes, such as limited access to physical press briefings as compared to privileges for confidential sources. Finally, knowledge institutions, including the press, are interdependent on each other, which means that all knowledge institutions have stakes in the well-being of others.