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12 Va. J.L. & Tech. 1 (2007)

handle is hein.journals/vjolt12 and id is 1 raw text is: VIRGINIA JOURNAL OF LAW & TECHNOLOGY
WINTER 2007                   UNIVERSITY OF VIRGINIA                   VOL. 12, No. 1
Access to Audiences as a
First Amendment Right:
Its Relevance and Implications
for Electronic Media Policy
PHILIP M. NAPOLI AND SHEEA T. SYBBLISt
ABSTRACT
When the issue of speakers' rights of access arises in media
regulation and policy contexts, the focus typically is on the concept
of speakers' rights of access to the media, or to the press. This
right usually is premised on the audience's need for access to
diverse sources and content. In contrast, in many non-mediated
contexts, the concept of speakers' rights of access frequently is
defined in terms of the speaker's own First Amendment right of
access to  audiences.   This article explores the important
distinctions between these differing interpretations of a speaker's
access rights and argues that the concept of a speaker's right of
access to audiences merits a more prominent position in electronic
media regulation and policy.  This article then explores the
implications of such a shift in perspective for media regulation and
policy-making.
D 2007 Virginia Journal of Law & Technology Association, at http://www.vjolt.net. Use paragraph
numbers for pinpoint citations.
t    Philip M. Napoli holds a Ph.D. from Northwestern University, 1997. Associate Professor
Graduate School of Business Administration, Fordham  University.  Director, Donald McGannon
Communication           Research          Center.                     pnapoli@fordham.edu.
Sheea T. Sybblis holds a J.D. from Fordham University, 2005. She is currently clerking in the
U.S. District Court for the District of New Jersey.

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