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Power Without Responsibility: Intermediaries and the First Amendment Rebecca Tushnet, Georgetown University 76 Geo. Wash. L. Rev. 101 (2008) Download the Paper (PDF format) - August 5, 2008 Tell a colleague about it. Printing Tips: Select 'print as image' in the Acrobat print dialog if you have trouble printing. ABSTRACT: As Jerome Barron recognized in his classic article, the First Amendment rights of speakers and audiences must be evaluated in the contexts of their relationships to larger structures. To the extent that there is a right to speak or a right to hear, who is on the other side of that right? The system of free expression is not atomized, but pervasively structured by conduits such as television broadcasters and Internet service providers (“ISPs”). This article focuses on (potentially) harmful speech as it relates to claims for greater access to those conduits. Any effective proposal for access rights should deal with the recruitment of intermediaries to police and deter unlawful speech and the many and varied ways in which individual speakers will violate existing laws. SUGGESTED CITATION: Rebecca Tushnet, "Power Without Responsibility: Intermediaries and the First Amendment" (August 5, 2008). Georgetown Law. Georgetown Law Faculty Working Papers. Paper 76. http://lsr.nellco.org/georgetown/fwps/papers/76 | REPOSITORY HOME  | SEARCH  | MY ACCOUNT  | NELLCO HOME | Powered by bepress.