Mine accident investigations: Does the press have a right to be present?
The fundamental goal of the Federal Mine Safety and Health Amendments Act of 1977 (Mine Act) is {open_quotes}to promote safety and health in the mining industry, [and] to prevent recurring disasters in the mining industry.{close_quotes} To that end, the Mine Act authorized the creation of the Mine Safety and Health Administration (MSHA) as part of the Department of Labor. One of MSHA`s primary responsibilities, as an authorized representative of the Secretary of Health, Education, and Welfare, is to conduct mine accident investigations {open_quotes}for the purpose of . . . obtaining, utilizing, and disseminating information relating to health and safety conditions, the causes of accidents, and the causes of diseases and physical impairments originating in such mines.{close_quotes} First, this Note discusses the general right of access granted by the Freedom of the Press Clause in the First Amendment. The historical case law interpreting the press` right of access begins in a series of cases dealing with the right to conduct interviews with prison inmates. Second, this Note discusses the courts expansion of the Freedom of the Press Clause to include access to trial proceedings. Third, this Note examines both the historical and current right of access granted to the press at the scenes of accidents or disasters. Fourth, the Note discusses the leading case on the press` right of access to mine accident investigations. Finally, a suggestion is offered as to the role the press should be allowed to play in mine accident investigations.
- OSTI ID:
- 376880
- Journal Information:
- West Virginia Law Review, Vol. 98, Issue 4; Other Information: PBD: Sum 1996
- Country of Publication:
- United States
- Language:
- English
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