The Supreme Court presently permits reasonable regulation of access in the broadcasting media; it nevertheless allows print publishers to foreclose such access. Although this approach has been praised by some, and a doctrine can only survive if there is a clear distinction between the print and broadcast media. In today's rapidly developing communications industry, the distinction between these converging media is unstable and inadequate. The increasing significance of cable television in particular has created a pressing need to replace the fragile double standard with a unified, all encompassing theory. This Article proposes such a unified theory after first drawing the crucial distinction between first amendment rights - which shield messages - and rights held by media owners - which are merely property rights protected by the fifth amendment.
Mark S. Nadel,
A Unified Theory Of The First Amendment:,
11 Fordham Urb. L.J. 163
Available at: http://ir.lawnet.fordham.edu/ulj/vol11/iss2/2