ERIC Number: ED349597
Record Type: RIE
Publication Date: 1992-Aug
Reference Count: N/A
"The Whole Truth": The First Amendment, Cultural Studies, and Comparative Law.
Trager, Robert; Russomanno, Joseph A.
This paper argues that legal research, particularly in the areas of freedom of expression and comparative law, would benefit from utilizing the broader perspectives associated with the cultural studies approach used in communication research. The paper begins with an overview of traditional media law scholarship, maintaining that legal research, particularly in the areas of freedom of expression and comparative law, suffers from a narrow view, being confined by restrictive historical and precedent-based approaches. The paper then discusses the cultural studies approach to communication research, an approach concerned with the construction of meaning, and posits that studying isolated phenomena removes them from the nexus of factors which both influences and is influenced by them. As an example of a broader view, the paper focuses on a recent Canadian pornography case, an analysis of which shows the value of applying a cultural studies approach to the fields of First Amendment and comparative law. The paper does not advocate discarding traditional approaches in communication or legal scholarship, merely maintaining that complementing them with a cultural approach creates a reality that often more closely approximates "the whole truth." One hundred thirty-five notes are included. (SR)
Publication Type: Speeches/Meeting Papers; Reports - Research; Information Analyses
Education Level: N/A
Authoring Institution: N/A
Identifiers: Cultural Studies; Legal Research; Media Law
Note: Paper presented at the Annual Meeting of the Association for Education in Journalism and Mass Communication (75th, Montreal, Quebec, Canada, August 5-8, 1992).