Future and the First Amendment

• NCJ Number: 129606
• Journal: Capital University Law Review Volume: 18 Issue: 2 Dated: (Summer 1989) Pages: 221-235
• Author(s): L C Bollinger
• Date Published: 1989
• Length: 15 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America
• Note: Transcript of 10th John E. Sullivan Lecture at Capital University Law School, November 1988

Annotation

This analysis of the right to freedom of the press concludes that current thinking about the first amendment and the press should be substantially changed.

Abstract

The United States Supreme Court's 1964 decision in New York Times v. Sullivan, which involved a libel suit brought by a public official, was the first in a series of decisions supporting almost total press independence from government regulation and control. However, this principle applies only to the print media; the broadcast and electronic media are subject to an extensive regulatory system, including the fairness doctrine. This situation suggests the need to analyze these cases as efforts to shape broader social behavior and to examine the contrast between the handling of the print media and the handling of electronic media.