September 8, 1997
To: LEM [Law of Electronic Media] Class
From: Nicholas Johnson
Re: First Amendment and FCC Material Discussion Wednesday, September 10; Administrative Matters; Deadline
First Amendment: We will want to review (for most of you) the First Amendment highlights. But, having done so, we will then want to focus on the reasons for the First Amendment. (See, in this connection, the mini-essay in the "Concepts" memo.) What are the categories of arguments for/reasons for/consequences of the First Amendment? How might these be useful to us in evaluating First Amendment conflicts involving the new technologies? Do you think that is an appropriate approach? How else might we go about it?
Federal Communications Commission: After decades of modestly trying to avoid the use of any of my own writing and opinions when teaching, I have decided that may have been a little silly. The Yale Law Journal article, co-authored by John Dystal and myself, has been reprinted, cited in law reviews and court opinions, and constitutes one of the few descriptions of the work of an agency by participants on the inside: "A Day in the Life: The Federal Communications Commission." A copy is being put in your mail slot. It is also available from our class Web page [http://www.uiowa.edu/~cyberlaw/lem]. Although a chunk of it has still to be proof read, and the footnotes have yet to be scanned, there is enough here to give you some insights. Read it, and be prepared to discuss the range of what the FCC does, some of the cases before the Commission that day, and the forces that seem to influence Commission decisions. If you think reforms are necessary, what do you propose? How do you propose to get it/them adopted?
Deadlines: Please do get to me the scheduling and computer information requested in the August 29 memo ("Administrative Matters; Assignments") put in your mail slot. This shouldn't take more than 5 to 10 minutes for you to do. Please have it in to me before (at least by) class time September 10. Thank you. (If you can't find that memo check the Web site, or see Ms. Jansen.)
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