Power Withour Responsibility: Intermediaries and the First Amendment
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
New Media in Old Bottles? Barron’s Contextual First Amendment and Copyright in the Digital Age
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
Media Access: A Question of Design
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
Hohfeld’s First Amendment
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
Make Time for Equal Time: Can the Equal Time Rule Survive a Jon Stewart Media Landscape?
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
No Time for Equal Time: A Comment on Professor Magarian’s Substantive Media Regulation in Three Dimensions
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
Substantive Media Regulation in Three Dimensions
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
Access Reconsidered
Jerome A. Barron · June 2008 76 GEO. WASH. L. REV. 826 (2008) Like old soldiers, old law review articles usually just fade away. This one didn’t. In a remarkable speech at this symposium, Justice Breyer engaged with the issues raised in the Access to the Press paper as if it had been written yesterday.... Read More
Introductory Remarks
The Honorable Stephen G. Breyer · June 2008 76 GEO. WASH. L. REV. 819 (2008) I am happy to be here to help open this symposium and to celebrate Professor Barron’s fine article. There is, of course, much to admire in Professor Barron’s work. One of its many virtues is that it engages with the... Read More
Balancing Rehabilitation and Punishment: A Legislative Solution for Unconstitutional Juvenile Waiver Policies
Jennifer Park · April 2008 76 GEO. WASH. L. REV. 786 (2008) Nathaniel and Andy’s cases are useful for understanding the delicate balance each state must strike in its juvenile justice system between rehabilitation and punishment. Nathaniel’s case illustrates the rehabilitative side, revealing the benefit of individualizing these decisions and providing juvenile dispositions where possible.... Read More