jdd (09/28/82)
Senator Bob Packwood (R-Oregon) has proposed amending the Constitution to
extend freedom of speech and freedom of the press to electronic media. He
argues:
"Bear in mind that the law today does not extend to electronic
communication the same First Amendment protections extended to print
communication. The government today says it has the right to control the
electronic media -- by licensing and by content. Given that situation, what
should be our response to the technological revolution in communications?
"We have -- essentially -- three choices:
"First, we may elect to do \nothing/ -- to follow the path that we are
on, to wait and see what this new revolution brings. This course would let
events, and the Federal Communications Commission and the Congress and the
courts work their will until we can know -- by actual experience -- whether
freedom of expression and all that hangs on its fate will survive.
"Second, we may decide that this new revolution is too frightening,
that conditions have changed too much to retain our cherished First
Amendment freedoms. We may decide to \throw away/ our heritage and let the
government step in to regulate all our methods of communication -- old and
new.
"Or third, we may conclude that our freedom of expression is so
precious and basic a freedom that it can continue to be entrusted only to
the people themselves through our Constitution and its amendments.
"Today, we must ask whether the First Amendment as written is sufficient
to ensure -- now and into the future -- full freedom of expression. The
answer is self-evident, and it is -- no.
"The answer is 'no' for this reason: The government has taken upon
itself, with the full approval of the courts, to do what the founders of
this nation denied to themselves -- the power to regulate freedom of
expression.
"Free expression, to be free, must be just that -- free. And it cannot
be free when government assumes for itself, or is granted, the power to
regulate it, in the name of technological necessity, or for any other
reason."
Cheers,
John DeTreville
Bell Labs, Murray Hill