Digital Media Law

Chapter 3:
The First Amendment

What is the First Amendment and what rights does it afford citizens? Does it provide special guarantees to the press? What are the boundaries of the First Amendment and how do courts resolve tensions between First Amendment rights and other important constitutional values?

In the previous chapter, we established the broad contours of the law. In this chapter, we will orient ourselves within that broad universe by examining the spectrum of protection that First Amendment law has developed over the years and how it affects the media industry. Among other things, this chapter will examine distinctions between highly protected speech, such as political statements, and unprotected speech, such as obscenity.