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Abstract

Courts have regularly relied on the “special characteristics” of radio and television broadcasts to justify government regulation of the content in those media that has never been allowed for the print media. However, the convergence of media delivery platforms (print, broadcast, telephone, cable, and Internet) has put a severe strain on the viability of this medium-centric model for speech restraints. This Comment proposes an analytical framework that eliminates the need to characterize speech in converged media as more “like print” or “like broadcast” to determine the degree of protection that it merits.

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