Stephen Gardbaum · June 2008 76 GEO. WASH. L. REV. 1065 (2008) I want to start by thanking Professor Youm for an interesting and instructive account of the right of reply in international and comparative constitutional law. In this brief comment on his article,1 I aim to do three things: (1) clarify how more general... Read More

Kyu Ho Youm · June 2008 76 GEO. WASH. L. REV. 1017 (2008) In rejecting the right of reply as incompatible with the First Amendment, Justice Byron White of the U.S. Supreme Court stated in 1974: “We have learned, and continue to learn, from what we view as the unhappy experiences of other nations where... Read More

Rebecca Tushnet · June 2008 76 GEO. WASH. L. REV. 986 (2008) At least since Alexander Meiklejohn wrote that “[w]hat is essential is not that everyone shall speak, but that everything worth saying shall be said,” First Amendment theorists have debated the implications of speaker-focused versus audience-focused theories of free speech. Jerome Barron’s classic article... Read More

Neil Weinstock Netanel · June 2008 76 GEO. WASH. L. REV. 952 (2008) In his seminal 1967 article, Access to the Press—A New First Amendment Right, Jerome Barron argued that First Amendment doctrine is predicated on the unrealistic, romantic notion that speakers share a rough equality of opportunity to compete in the marketplace of ideas.... Read More

Jack M. Balkin · June 2008 76 GEO. WASH. L. REV. 933 (2008) I turned to Jerome Barron’s classic article on First Amendment rights of access to the press just as a story appeared in the newspapers. Many political organizations now use a technology called short message service, more colloquially called text messaging, to reach... Read More

Frederick Schauer · June 2008 76 GEO. WASH. L. REV. 914 (2008) The First Amendment guarantees “the freedom of speech [and] of the press,” but what exactly is the freedom that the First Amendment guarantees and that the First Amendment prohibits Congress (and, now, the states) from abridging? What kinds of rights, structurally and not... Read More

Jonathan D. Janow · June 2008 76 GEO. WASH. L. REV. 1073 (2008) In 2003, when Arnold Schwarzenegger announced his candidacy for governor of California on The Tonight Show with Jay Leno, he opened the door to a wide-open gubernatorial race consisting of 135 candidates. Most candidates did not receive such welcome treatment by the... Read More

Ellen P. Goodman · June 2008 76 GEO. WASH. L. REV. 897 (2008) The resurgent support for the fairness doctrine, which Professor Magarian thoughtfully explores in his symposium contribution Substantive Media Regulation in Three Dimensions, reflects a justifiable and deeply held dissatisfaction with the state of American media. Many believe that American media are overly... Read More

Gregory P. Magarian · June 2008 76 GEO. WASH. L. REV. 845 (2008) From the dawn of broadcasting until the late 1980s, the federal government vigorously employed substantive media regulations—legal guidelines about the substance of programming—to try to ensure that the broadcast industry would serve the public interest. The most familiar element of substantive broadcast... Read More