Category Archives: Articles

Self Help, the Media and the First Amendment

In 1973, Harry Kalven observed that: It is an insufficiently noticed aspect of the First Amendment that it contemplates the vigorous use of self-help by the opponents of given doctrines, ideas, and political positions. It is not the theory that … Continue reading

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Media Policy and Free Speech: The First Amendment at War with Itself

A symposium on “reclaiming” the First Amendment for media policy begs the question from what and whom the First Amendment must be reclaimed. Who has it and what are they doing with it? Since we also gather to commemorate the … Continue reading

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THE CASE FOR FIRST AMENDMENT LIMITS ON COPYRIGHT LAW

Scholars have felled many trees arguing for First Amendment limits on copyright rights. Seminal articles by Melville B. Nimmer, Paul Goldstein, Lionel S. Sobel and Robert C. Denicola first wrestled with the tension between free speech and copyright in the … Continue reading

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Spectrum Set-Asides as Content-Neutral Metric: Creating a Practical Balance Between Media Access and Market Power

This Article explores the practicality and desirability of a public access system for digital broadcasters. While the repeal of the Fairness Doctrine and the Supreme Court’s decision in Miami Herald Publishing Co. v. Tornillo have put a damper on the … Continue reading

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A Right to Reach an Audience: An Approach to Intermediary Bias on the Internet

Some of the thorniest problems of communications law and policy were supposed to have been solved by the Internet. The issue of whocan speak, or access the means of speech, was said to have been solved by the arrival of … Continue reading

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A Historical Perspective on the Public’s Right of Access to the Media

Professor Jerome A. Barron argued in his 1967 article, Access to the Press—A New First Amendment Right, that it was anomalous for the First Amendment to protect expression once it had come to the fore, but be indifferent to creating … Continue reading

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The Independent Significance of the Press Clause Under Existing Law

It is a bleak fact of life that the overriding political focal point of this still-young century has been terrorist activity. For the United States, of course, the defining moment was 9/11. In many parts of the third world, terrorist … Continue reading

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Access to the Media-A Contemporary Appraisal

I want to thank Hofstra Law School and The Brennan Center for Justice for commemorating the fortieth anniversary of my article in the Harvard Law Review, Access to the Press—A New First Amendment Right, by this conference on “Reclaiming the … Continue reading

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The Office Of Research Integrity: Experience And Authorities

The Office of Research Integrity (“ORI”) is a statutory office created by Congress in 1993, for which authority to respond to allegations of “misconduct in science” originally arose under an earlier federal regulation. Under the 1993 legislation, the key requirements … Continue reading

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Medical Ethical Consideration In Collaborative Research

The purpose of research should be to generate new knowledge that has potential to benefit society. Thus, there will be many views of what constitutes a benefit. A scientist would probably be satisfied with the discovery of a new bit … Continue reading

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