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Entertainment Violence and the First Amendment

NCJ Number
150883
Author(s)
D A Herbeck
Date Published
1994
Length
20 pages
Annotation
The relationship of the First Amendment to media violence is discussed.
Abstract
This essay argues that appeals for government regulation of the broadcast media in light of the increasing concerns about the effects of prolonged exposure to violent programming are inconsistent with the freedom of expression guaranteed by the U.S. Constitution. The author argues briefly for a reading of the First Amendment grounded in the power of communication. Having established communication as a significant principle, the essay critically assesses some of the leading justifications advanced for regulating violence in the media. Finally, the essay concludes by reviewing the relevant case law and by suggesting some approaches to entertainment violence that might be consistent with a liberal construction of First Amendment freedoms. Given the daunting constitutional barriers to the regulation of entertainment violence, the author concludes by suggesting a course of action involving the responsibility of the media, advertisers and other organized interests, and the viewing public to educate one another concerning the reduction of violent programming. Footnotes