scholarly journals Mass Communication Law and Policy Research and the Values of Free Expression

2017 ◽  
Vol 94 (3) ◽  
pp. 641-662 ◽  
Author(s):  
Edward L. Carter

Mass communication law and policy research, including on values and theory of freedom of expression, has played an important role in Journalism & Mass Communication Quarterly for decades. Mass communication law research in Quarterly reached a high point with a special issue on the First Amendment in 1992 and numerous articles in the decade that followed. A relationship is explored between First Amendment theory and structural archetypes of constitutional argument. Future research could focus on international law and contemporary challenges involving technology, surveillance and changes in democratic citizenship.

1992 ◽  
Vol 69 (1) ◽  
pp. 65-88 ◽  
Author(s):  
Ruth Walden

Most First Amendment theories focus on the values served by freedom of expression, resulting in First Amendment analysis based on the content of messages, modes of communication or identities of speakers. This article suggests that a more appropriate approach consists of focusing on the actions of government that restrict free expression. This approach is based on the premise that the courts' function is to determine when a particular government action violates the First Amendment, not whether the expression at issue is entitled to constitutional protection. The government action approach requires judicial consideration of three key factors: (1) the role government is playing at the time it engages in regulation of expression; (2) the justification for the government action; and (3) the nature of the restriction.


Author(s):  
Eleanor Brooks ◽  
Anniek de Ruijter

Abstract In this comment, and drawing on the papers in the special issue, we ask: what are the core questions for the future of research into health law and policy, and European health law and policy more specifically? We first sketch the general functions and values of health law and policy. We then outline how these functions and values are affected by globalisation and Europeanisation, on the one hand, and technological change and digitalisation, on the other. In light of these developments we carve out some questions for future research and the implications of this agenda for the academic community that is working on European health law and policy.


2020 ◽  
Author(s):  
Jay Joseph Van Bavel ◽  
Elizabeth Ann Harris ◽  
Philip Pärnamets ◽  
Steve Rathje ◽  
Kimberly Doell ◽  
...  

The spread of misinformation, including “fake news,” propaganda, and conspiracy theories, represents a serious threat to society, as it has the potential to alter beliefs, behavior, and policy. Research is beginning to disentangle how and why misinformation is spread and identify processes that contribute to this social problem. We propose an integrative model to understand the social, political, and cognitive psychology risk factors that underlie the spread of misinformation and highlight strategies that might be effective in mitigating this problem. However, the spread of misinformation is a rapidly growing and evolving problem; thus scholars need to identify and test novel solutions, and work with policy makers to evaluate and deploy these solutions. Hence, we provide a roadmap for future research to identify where scholars should invest their energy in order to have the greatest overall impact.


2020 ◽  
Vol 37 (2) ◽  
pp. 153-169
Author(s):  
Teresa M. Bejan

AbstractThe classical liberal doctrine of free expression asserts the priority of speech as an extension of the freedom of thought. Yet its critics argue that freedom of expression, itself, demands the suppression of the so-called “silencing speech” of racists, sexists, and so on, as a threat to the equal expressive rights of others. This essay argues that the claim to free expression must be distinguished from claims to equal speech. The former asserts an equal right to express one’s thoughts without interference; the latter the right to address others, and to receive a hearing and consideration from them, in turn. I explore the theory of equal speech in light of the ancient Athenian practice of isegoria and argue that the equality demanded is not distributive but relational: an equal speaker’s voice should be counted as “on a par” with others. This ideal better captures critics’ concerns about silencing speech than do their appeals to free expression. Insofar as epistemic and status-harms provide grounds for the suppression and exclusion of some speech and speakers, the ideal of equal speech is more closely connected with the freedom of association than of thought. Noticing this draws attention to the continuing—and potentially problematic—importance of exclusion in constituting effective sites of equal speech today.


2021 ◽  
pp. 107769902110187
Author(s):  
Michael K. Park

The resurgence of political activism by student-athletes raises the specter of increased constitutional challenges to public university regulations on student-athlete speech. This article explores the special regulatory environment situating student-athletes and gleans the First Amendment values underpinning cases where student-athletes challenge institutional regulations on their freedom of expression. Analysis of the legal discourse suggests that courts are more likely to apply increased scrutiny to university officials’ attempts to regulate expression on public issues versus speech that address personal or private matters. This article ends with some suggestions for practitioners and scholars to consider when evaluating regulations on student-athlete speech.


1993 ◽  
Vol 48 (2) ◽  
pp. 67-73 ◽  
Author(s):  
Greg Lisby ◽  
Maureen Rubin ◽  
Louise Hermanson ◽  
Jane Bick

Author(s):  
Melissa J. Robinson ◽  
Silvia Knobloch-Westerwick

The informative value of news has often been the focus of mass communication research, but individuals do tune into the news for entertainment purposes. In addition, news organizations frequently add entertainment elements into news stories to increase audience interest. Considering both of these factors, theorizing about the entertainment processes (e.g., appreciation, enjoyment, and suspense) that occur during news consumption is necessary to understand audience behavior. This chapter investigates factors that influence entertainment processes during news consumption. Two entertainment theories in particular (affective disposition theory and the affective news extended model) are reviewed to understand how affective responses influence enjoyment of news. It organizes existing research on affective responses and entertainment processes into two categories focusing on news event characteristics (i.e., elements that journalists cannot change) and message design principles that journalists create or edit. Areas for future research are provided.


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