Video Presentation: “America’s First Amendment Twilight Zone”

by on March 12, 2009 · 15 comments

Today, it was my great privilege to guest lecture at Princeton University’s Center for Information Technology Policy. Under the leadership of Ed Felten, who also runs the excellent “Freedom to Tinker” blog, the CITP has quickly become one of America’s premier institutions in the field of IT policy matters. David Robinson, who some of you will remember from his days as an editor at The American, serves as associate director of the CITP program and was kind enough to invite me to speak.  And our own Tim Lee is currently studying there as well.  I wish I was smart enough to get into that program!

The topic of my talk was “The Future of the First Amendment in an Age of Technological Convergence” and I used the opportunity to create a narrated video of this presentation, which I have made to several other groups through the years. In this presentation, I talk about “America’s First Amendment Twilight Zone,” which refers to the fact that identical words and images are being regulated in completely different ways today depending on the mode of transmission. This illogical and unfair situation could eventually threaten the Internet, video games, and all new media with many of the misguided regulations that have long been imposed on broadcast television and radio operators. In my presentation, which you can watch below, I make the case for changing our First Amendment regime to ensure “bit equality”; all speech and media platforms should be accorded the gold standard of First Amendment protection.

The presentation is based upon several other essays, court filings, and law review articles I have written on the topic, including:

  • http://freedom-to-tinker.com/blog/tblee/adam-thierer-first-amendment-twilight-zone Adam Thierer on the First Amendment Twilight Zone | Freedom to Tinker

    [...] has made a screencast of his presentation, in which he answers these questions and more. It’s a great talk [...]

  • http://fizzingbanana.wordpress.com/ Elrring Peace

    This a great video. I think this is great topic!

  • AJ

    “We're sorry, this video is no longer available” ???

  • AJ

    “We're sorry, this video is no longer available” ???

  • http://fizzingbanana.wordpress.com/ Elrring Peace

    This a great video. I think this is great topic!

  • AJ

    “We're sorry, this video is no longer available” ???

  • http://techliberation.com/2009/04/28/supreme-court-decision-in-fcc-v-fox-part-3-the-majority-decision/ Supreme Court Decision in FCC v. Fox (Part 3: The Majority Decision) | The Technology Liberation Front

    [...] Twilight Zone” that has developed in this field in this essay, this law review article, and a video presentation.  Sadly, today’s decision just makes matters more confusing and unfair.  After all, those [...]

  • http://techliberation.com/2009/04/28/supreme-court-decision-in-fcc-v-fox-part-4-the-thomas-concurrence/ Supreme Court Decision in FCC v. Fox (Part 4: The Thomas Concurrence) | The Technology Liberation Front

    [...] Justice Thomas goes on to itemize the many problems with what I have referred to as “America’s Jurisprudential Twilight Zone” when it comes to how we apply the First Amendment to media platforms in this country.  He [...]

  • http://techliberation.com/2009/05/17/cutting-the-video-cord-two-excellent-washington-post-articles/ Cutting the (Video) Cord: Two Excellent Washington Post Articles | The Technology Liberation Front

    [...] policy perspective is the way media law remain stuck in a time warp, or what I have referred to as a jurisprudential Twilight Zone:  Identical words and images are being regulated in completely different ways depending on the [...]

  • http://techliberation.com/2010/01/22/the-citizens-united-decision-speech-is-speech-regardless-of-the-speaker/ The Citizens United Decision: Speech is Speech Regardless of the Speaker — Technology Liberation Front

    [...] an end to America’s “First Amendment Twilight Zone” as I have called it [see this video presentation] and, with any luck, a consistent First Amendment for the Information [...]

  • http://blog.pff.org/archives/2010/01/the_citizens_united_decision_speech_is_speech_rega.html The Progress & Freedom Foundation Blog

    The Citizens United Decision: Speech is Speech Regardless of the Speaker…

    Yesterday’s Supreme Court decision in Citizens United v. FEC essentially stands for the proposition that free speech is free speech regardless of the speaker. The 5-4 majority for the Court ruled that “We find no basis for the proposition that,……

  • http://techliberation.com/2010/02/20/apples-app-store-porn-censorship/ Apple’s App Store, Porn & “Censorship”

    [...] [P.S. Lest I need to prove my First Amendment credentials to repeal the eventual attacks from those who might accuse me of being a prude, please read this and watch this.] [...]

  • http://blog.pff.org/archives/2010/02/apples_app_store_porn_censorship.html The Progress & Freedom Foundation Blog

    Apple’s App Store, Porn & “Censorship”…

    Oh my, here we go again with bogus accusations of “censorship” flying about a private company’s efforts to self-regulate its own media platform. Yesterday over at Silicon Alley Insider, Nick Saint penned a piece on how, “Apple’s War On Porn……

  • http://blog.pff.org/archives/2010/04/comment_on_supreme_court_taking_calif_video_game_c.html The Progress & Freedom Foundation Blog

    comment on Supreme Court taking Calif video game case…

    The Supreme Court announced today that it will review a California law regulating the sale of violently-themed video games to minors. The case is Schwarzenegger v. Entertainment Merchants and I have written about it here before. This will be the……

  • http://techliberation.com/2010/07/19/new-york-times-symposium-on-future-of-indecency-regulation/ New York Times Symposium on Future of Indecency Regulation

    [...] I wholeheartedly agree, and I wrote a lengthy law review article on just that topic back in 2007 entitled,“Why Regulate Broadcasting: Toward a Consistent First Amendment Standard for the Information Age.” If you find it too boring, just watch this video I made summarizing the key points, which I called “America’s First Amendment Twilight Zone.” [...]

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