| First Amendment protection for free speech and free press has been impacted by technology and has created different constitutional standards for different media. The justifications for these differences vary depending on the area of expressive freedom analyzed. This thesis used a review of case law, statutory law and scholarly articles to illustrate technology's impact on First Amendment standards in the following areas: prior restraint, compelled speech regulations, defamation, privacy, copyright and newsgathering. The findings show there are two reasons why media are receiving different protection. First, courts have developed tests for determining whether the government may interfere with the media's freedom and the technological characteristics of the media may affect how the tests are applied. Second, courts and legislatures are skeptical of new technology and as a result, they may adopt different standards for regulating media. |
