Opponents of the various permutations of the doctrine of original intent view the Bill of Rights as a flexible instrument for expanding the rights of new generations of Americans. They find in the language and history of the Constitution values which, when applied to current circumstances, yield new principles for modern times. Ironically, many of these same people object to applying the underlying values of the First Amendment to the relatively new medium of broadcasting. They have urged that broadcasting, unknown at the time of the framing of the Constitution and thus not having been within the original intent, is not entitled to the same First Amendment protection as the print medium, and, therefore, that its content may be regulated in the public interest.
Timothy B. Dyk,
Full First Amendment Freedom for Broadcasters: The Industry as Eliza on the Ice and Congress as the Friendly Overseer,
Yale J. on Reg.
Available at: http://digitalcommons.law.yale.edu/yjreg/vol5/iss2/3