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17 Hastings Comm. & Ent. L.J. 247 (1994-1995)
New Technology and the First Amendment: Breaking the Cycle of Repression

handle is hein.journals/hascom17 and id is 273 raw text is: New Technology and the First Amendment: Breaking the Cycle of Repressiont by ROBERT CORN-REVERE* Table of Contents I. First Amendment Identity Crisis on the Information Superhighway ........................................... 249 A. What is Wrong With This Picture? ................. 249 B. Traditionalism, Incrementalism, and Revisionism ... 253 C. Cable Television at the Crossroads ................. 254 II; The Real Issue: Applying the First Amendment to New Technologies ............................................. 259 A. Transition to the Multimedia Age .................. 260 B. Historical Treatment of New Technologies .......... 264 1. Cycles of Repression .....................264 2. The American Experience With New Technologies ...... .............................. 265 3. The Regulatory State and Freedom of Expression ...................................... 268 C. The Cycle Continues. .......................275 D. This Ain't No Wayto Run an Electronic Superhighway ....................................... 281 1. The Glacial Pace of Doctrinal Change .......... 282 2. Breakdown of the Classification Scheme ....... 285 t An earlier version of this Article was presented on February 25, 1994, at a symposium entitled The 1992 Cable Act: Freedom of Expression Issues, sponsored by and held at the Columbia Institute for Tele-Information (CITI), Columbia Business School, Columbia University. This Article is adapted from Chapter 2 of a forthcoming treatise, MODERN COMMUNICATIONS LAW, to be published by West Publishing Company (publication anticipated 1996). The views expressed in this Article are those of Mr. Corn- Revere alone and do not necessarily reflect those of his clients or other parties. * Robert Corn-Revere is a partner at the Washington, D.C. based law firm Hogan & Hartson. He formerly served as Legal Advisor to Commissioner James H. Quello of the Federal Communications Commission (FCC), and as Chief Counsel during Commissioner Quello's tenure as Chairman of the FCC in 1993.

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