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Mass Communication Commons

Open Access. Powered by Scholars. Published by Universities.®

2011

Broadcast and Video Studies

Bottleneck

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Full-Text Articles in Mass Communication

Technologies Of Control And The Future Of The First Amendment, Christopher S. Yoo Jan 2011

Technologies Of Control And The Future Of The First Amendment, Christopher S. Yoo

Faculty Scholarship at Penn Law

The technological context surrounding the Supreme Court’s landmark decision in FCC v. Pacifica Foundation allowed the Court to gloss over the tension between two rather disparate rationales. Those adopting a civil libertarian view of free speech could support the decision on the grounds that viewers’ and listeners’ inability to filter out unwanted speech exposed them to content that they did not wish to see or hear. At the same time, Pacifica also found support from those who more paternalistically regard indecency as low value (if not socially harmful) speech that is unworthy of full First Amendment protection. The arrival ...