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Access to the Media Versus Access to Audiences: The Distinction and its Implications for Media Regulation and Policy
Unformatted Document Text:  24 right in media regulation and policy, and to the extent that this right has been premised primarily upon collectivist First Amendment value, neither the policy-makers nor the courts been bringing the full force of the First Amendment to bear on their decisions. The application of this right of access to audiences in mediated communication contexts can – and should – be premised upon traditional First Amendment notions of individualistic free speech values, as opposed to (or at least in addition to) collectivist values. Certainly, preserving and promoting speakers’ First Amendment rights of access to audiences likely would simultaneously serve collectivist First Amendment values. In this regard, the right of access to audiences may be one of the most effective rights inherent in the First Amendment, in terms of its ability to fulfill a wide range of the underlying values of freedom of speech.

Authors: Napoli, Philip.
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right in media regulation and policy, and to the extent that this right has been premised primarily upon
collectivist First Amendment value, neither the policy-makers nor the courts been bringing the full force
of the First Amendment to bear on their decisions.
The application of this right of access to audiences in mediated communication contexts can –
and should – be premised upon traditional First Amendment notions of individualistic free speech values,
as opposed to (or at least in addition to) collectivist values. Certainly, preserving and promoting
speakers’ First Amendment rights of access to audiences likely would simultaneously serve collectivist
First Amendment values. In this regard, the right of access to audiences may be one of the most effective
rights inherent in the First Amendment, in terms of its ability to fulfill a wide range of the underlying
values of freedom of speech.


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