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Full-Text Articles in Law
Broadcasting And Speech, Jonathan Weinberg
Broadcasting And Speech, Jonathan Weinberg
Law Faculty Research Publications
It is illegal to speak over the airwaves without a broadcast license. The FCC grants those licenses, and decides whether they will be renewed, on the basis of a vague "public interest" standard. The resulting system of broadcast regulation conflicts, starkly and gratuitously, with ordinary free speech philosophy. In this Article, the author argues that that inconsistency is crucially linked to inadequacies in free speech theory itself Conventional free speech theory ignores the extent to which imbalances of private power limit freedom of expression. It presupposes that public discourse takes place on a rational plane. The author explores the link …
Why There Should Be An Independent Decennial Commission On The Press, Lee C. Bollinger
Why There Should Be An Independent Decennial Commission On The Press, Lee C. Bollinger
Faculty Scholarship
In 1947, the Commission on Freedom of the Press chaired by Robert M. Hutchins, published its report entitled "A Free and Responsible Press:" Sharply criticized by the media when published, the Hutchins Commission Report (as it has come to be known) seems to have assumed only minor status within the history of freedom of the press in this century, as well as among reports on social problems generally. In this article, I will consider whether the Hutchins Commission Report deserves a different fate. Given the media's usually astounding self-preoccupation, the fact that the Report was about the "press" would lead …