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Abstract: As we enter the fabled digital Information Age, we have to rethink the basic premises for government regulation of the media consistent with the First Amendment. Specifically, we must carefully assess government regulation of the media ostensibly for the well-being of children. In this chapter, Professor Winer discusses the three main battlegrounds today regarding children and freedom of speech issues involving the media: sex and violence on television and the Internet; cigarette and alcohol advertising; and educational programming requirements for children’s television. Each of these involves significant First Amendment difficulties, and each raises compelling questions as to the supposed harm or benefit to children, the appropriate definition of children, the available less-speech-restrictive technological approaches, and the proper role of parents.
First Amendment, children, media
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