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Full-Text Articles in Law

Facing The Fear: A Free Market Approach For Economic Expression, Nancy J. Whitmore Jan 2012

Facing The Fear: A Free Market Approach For Economic Expression, Nancy J. Whitmore

Scholarship and Professional Work - Communication

Commentators differ on whether a diminished constitutional status for profit-driven speech is consistent with free speech theory. Most recently, the Supreme Court of the United States in Citizens United v. Federal Election Commission largely embraced an unfettered marketplace approach for political speech financed by corporate treasuries. Given the harm a free market approach is said to have produced in the economic realm, is this approach useful for structuring the constitutional protection economic expression receives? This article discusses the placement of economic expression within First Amendment theory and contends that restrictions on economic speech should be aimed at combating deceptive economic …


The Influence Of The Paramount Decision On Network Television In America, Gary Edgerton, Cathy Pratt Jan 1983

The Influence Of The Paramount Decision On Network Television In America, Gary Edgerton, Cathy Pratt

Scholarship and Professional Work - Communication

At the 1972 National Association of Broadcasters Convention in Chicago, the assembled gathering was surprised to receive a mailed greeting from their sometimes adversary, President Richard Nixon, which claimed, "In no other country does the broadcaster have more freedom than in the United States, and I emphasize that my Administration is dedicated to preserving that heritage." Four days later, however, the Justice Department filed against NBC, CBS, ABC, and Viacom International, then a CBS subsidiary in the business of syndicating television programming, an antitrust suit which alleged that the networks were guilty of various trade-restraining and monopolistic activities under Sections …