Tag Archives: Volume 35 Issue 3

Check, Raise, or Fold: Poker and the Unlawful Internet Gambling Enforcement Act

Gambling permeates throughout American society. One cannot watch television without stumbling upon a poker show, listen to the radio without hearing the amount of today’s lotto jackpot, or go on the Internet without encountering an advertisement for a gambling website. … Continue reading

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Justice Scalia and His Meta-Canon of Absurdity

A blind woman sits at home eagerly searching the Internet. She has recently purchased brand new software that allows her, for the first time in her life, to access this new invention, the World Wide Web. She is finally going … Continue reading

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Of Blogs, E-books, and Broadband: Access to Digital Media as a First Amendment Right

A politics of Internet freedom has recently achieved cultural prominence. Legal theorists have described this new Internet politics as a form of digital libertarianism, cultural environmentalism, or identity politics uploaded from the offline world. This politics is critical of attempts … Continue reading

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“Jacob’s Voice, Esau’s Hands”: Transparency as a First Amendment Right in an Age of Deceit and Impersonation

Changes in media technology often require a reevaluation of the underlying assumptions that guide policymakers. A case in point is the electronic media’s move to digital technology. The literature that describes this transition and its policy implications has focused on … Continue reading

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A Listener’s Free Speech, A Reader’s Copyright

Two of the necessary conditions for a legitimate republican government are that each competent citizen have an equal vote and that each voter have access to the inputs needed for autonomous, informed decision-making. This Article assumes that the required inputs … Continue reading

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Freedom of the Press for Whom? The Question to be Answered in our Critical Juncture

“Freedom of the press for whom?” That was the question that Professor Jerome Barron raised some forty years ago. It was a revolutionary question because in six words it called into question the dominant perception of freedom of the press, … Continue reading

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Market Triumphalism, Electoral Patologies, and the Abiding Wisdom of First Amendment Access Rights

Jerome Barron’s seminal writings that advocate a First Amendment right of access to the media make a powerful case that constitutional speech protection must actually yield dynamic, broad-based public debate in order to ensure the vitality of our democratic society. … Continue reading

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In Search of Regulatory Equilibrium

Suggestions for how to reform the media obviously depend on what we think most needs reforming. But they also depend on our views of the most appropriate and constitutionally viable regulatory models for achieving reform. There is no dearth of … Continue reading

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Heckler’s Veto Case Law as a Resource for Democratic Discourse

Almost forty years ago, Jerome Barron proposed a listener-centered First Amendment right. He argued that the central concern of the First Amendment should be with the listeners—that difficult questions of competing First Amendment rights should be resolved with the goal … Continue reading

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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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