The Reporters Committee for Freedom of the Press released a report on Supreme Court nominee Elena Kagan’s background with media law issues, from her time as an associate at a Washington law firm with a well-respected media law practice to her current role as the solicitor general.
The report finds that “Elena Kagan has worked on free-speech and free-press issues more than any recent high court nominee, but her writings tend to explore the underpinnings of current doctrines and standards, rather than argue for or against any particular approach. She has also expressed skepticism with how workable the ‘actual malice’ libel standard and a reporter’s privilege are, and whether those standards need to be reworked.”
All of her non-academic experience was on behalf of a client — whether that was the United States or the National Enquirer — and should not be taken as an insight into her own beliefs. However, the cases do demonstrate her familiarity with the media law issues.