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ERIC Number: ED428415
Record Type: Non-Journal
Publication Date: 1998-Nov-6
Pages: 32
Abstractor: N/A
Reference Count: N/A
Regulation of Information: Does Freedom of Expression Include the Internet?
Morris, Jack
Noting that the Supreme Court in 1997 considered the question of whether the Internet would be regulated by the government as broadcasting or whether it would remain as free as newspapers, this paper examines the difficulty involved in applying old law to new technology. It also notes that while journalism education generally has accepted broadcasting as a form of journalism, Congress and the Supreme Court do not view them equally under the First Amendment, and this has led to quite different legal precedents. It then reviews the laws permitting post-publication punishment for expression that infringes on the rights of others in the areas of printing (libel and privacy law), broadcasting (the Fairness Doctrine), cablecasting ("must carry" provisions), the Internet (including the Communications Decency Act), the student press (the "Tinker v. Des Moines Independent School District" and the "Hazelwood School District v. Kuhlmeier" cases). The paper concludes that the Supreme Court must ultimately decide whether it will follow the principles of Hazelwood or of "Reno v. American Civil Liberties Union" as it adjusts medium-specific rulings of the past to media convergence of the future. Contains 76 notes; an appendix contains a summary of the paradigm shift in communications from product to process and from delivery to interaction. (RS)
Publication Type: Information Analyses; Speeches/Meeting Papers
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: First Amendment; Hazelwood School District v Kuhlmeier; Tinker v Des Moines Independent School District