Law Commons^™

The U.S. Supreme Court’S Characterizations Of The Press: An Empirical Study, Ronnell Anderson Jones, Sonja R. West

Utah Law Faculty Scholarship

The erosion of constitutional norms in the United States is at the center of an urgent national debate. Among the most crucial of these issues is the fragile and deteriorating relationship between the press and the government. While scholars have responded with sophisticated examinations of legislators’ and the President’s characterizations of the news media, one branch of government has received little scrutiny—the U.S. Supreme Court. This gap in the scholarship is remarkable in light of the Court’s role as the very institution entrusted with safeguarding the rights of the press. This paper presents the findings of the first comprehensive empirical …

Promoting Journalism As Method, Erin C. Carroll

Georgetown Law Faculty Publications and Other Works

The marketplace of ideas has been a centerpiece of free speech jurisprudence for a century. According to the marketplace theory, the vigorous competition of ideas, free from government interference, is the surest path to truth. As our metaphorical marketplace has moved online, the competition has never been so heated. We should be drowning in truth. Yet, in reality, truth has perhaps never been more elusive.

As we struggle to promote democratic debate and surface truth in our chaotic networked public sphere, we are understandably drawn to familiar frames and tools. These include the source of the marketplace of ideas theory—the …

Newsroom: Fcc's Sohn On Consumer Protection, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Telecommunications: Communications Law Reform, Jonathan Baker, Robert Mcdowell, Ajit Pai, Daniel Crane, Maureen Ohlhausen, Jennifer Elrod

Presentations

The transcript was published on 2013 Journal of Law, Technology & Policy University of Illinois Issue 1.

Applying Crawford's Confrontation Right In A Digital Age, Jeffrey Bellin

Faculty Publications

No abstract provided.

New Technologies And Constitutional Law, Thomas Fetzer, Christopher S. Yoo

All Faculty Scholarship

No abstract provided.

The Year In Economics At The Fcc: A National Plan For Broadband, Jonathan Baker, Paul De Sa

Articles in Law Reviews & Other Academic Journals

The past year in economics at the Federal Communications Commission (FCC) has focused on encouraging the adoption and deployment of high capacity Internet access and the associated networks, commonly termed “broadband.” Our article sketches important economic themes in the FCC’s National Broadband Plan to show how the application of basic principles of regulatory economics takes account of rapid technological change. We discuss natural monopoly regulation, externalities and cross-subsidies, network effects and interconnection, the allocation of scarce inputs, protecting and fostering competitive markets, and consumer protection and transparency as they apply to the development of broadband.

Toward A Broadband Public Interest Standard, Anthony E. Varona

Articles in Law Reviews & Other Academic Journals

Although they emerged seven decades apart, commercial broadcasting and the Internet were greeted with similar excited declarations of their potential to transform American democracy by hosting an electronic free marketplace of ideas that would inform and enlighten citizens and catalyze discussion on issues of public importance. The federal government played a central role in the initial development and proliferation of both technologies, but then assumed very different regulatory orientations to the two industries once they were commercialized. In broadcasting, the government took on an interventionist posture promoting civic republican First Amendment values by means of a variety of public interest …

Lessons From The Nextwave Saga: The Federal Communications Commission, The Courts, And The Use Of Market Forms To Perform Public Functions, Rodger D. Citron, John A. Rogovin

Scholarly Works

No abstract provided.

Copyright And Free Expression: The Convergence Of Conflicting Normative Frameworks, Shyamkrishna Balganesh

All Faculty Scholarship

Recent attempts to expand the domain of copyright law in different parts of the world have necessitated renewed efforts to evaluate the philosophical justifications that are advocated for its existence as an independent institution. Copyright, conceived of as a proprietary institution, reveals an interesting philosophical interaction with other libertarian interests, most notably the right to free expression. This paper seeks to understand the nature of this interaction and the resulting normative decisions. The paper seeks to analyze copyright law and its recent expansions, specifically from the perspective of the human rights discourse. It looks at the historical origins of modern …

Misrepresentation And The Fcc, Brian C. Murchison

Scholarly Articles

None available.

Cable Television In Massachusetts, Padraig O'Malley

John M. McCormack Graduate School of Policy and Global Studies Publications

Today the electromagnetic spectrum is crowded with signal traffic used for just about every conceivable communications purpose, ranging from standard navigational time signals at the Very Low Frequency band to satellite communications at the Superhigh Frequency band. Between these two frequency extremes there are five other frequency bands — Low Frequency, Medium Frequency, High Frequency, Very High Frequency, and Ultra High Frequency — each of which can accommodate only a limited number of uses, and each of which is better suited for some uses than for others. Because the spectrum was, like oil, once believed to be in almost unlimited …