Entertainment Violence and the First Amendment

• NCJ Number: 150883
• Author(s): D A Herbeck
• Date Published: 1994
• Length: 20 pages
• Corporate Author: Boston College
• Sale Source: National Institute of Justice/; NCJRS Photocopy Services
• Publication Format: Document
• Publication Type: Conference Material
• Language: English
• Country: United States of America
• Note: This paper was presented at the International Conference on Violence in the Media: Prospects for Change, held on October 3-4, 1994, in New York City. The conference was sponsored by St. John's University.

Annotation

The relationship of the First Amendment to media violence is discussed.

Abstract

This essay argues that appeals for government regulation of the broadcast media in light of the increasing concerns about the effects of prolonged exposure to violent programming are inconsistent with the freedom of expression guaranteed by the U.S. Constitution. The author argues briefly for a reading of the First Amendment grounded in the power of communication. Having established communication as a significant principle, the essay critically assesses some of the leading justifications advanced for regulating violence in the media. Finally, the essay concludes by reviewing the relevant case law and by suggesting some approaches to entertainment violence that might be consistent with a liberal construction of First Amendment freedoms. Given the daunting constitutional barriers to the regulation of entertainment violence, the author concludes by suggesting a course of action involving the responsibility of the media, advertisers and other organized interests, and the viewing public to educate one another concerning the reduction of violent programming. Footnotes