The Supreme Court as the Grand Mediator in Social Regulation of the Media
Hastings Communications and Law Journal, 32(1), 41-101, September 2009
Richard Hunter, J.D.
Department of Economics and Legal Studies
Hector R Lozada-Vega, Ph.D.
Department of Marketing
Ann Mayo, Ph.D.
Department of Management
The law is often seen as the grand mediator between what individuals want to see and hear and what society, writ large, determines an individual ought to see and hear. Because of this, issues of diversity, choice, and taste are especially at the forefront in the area of entertainment law. In this context, the United States Constitution operates as the medium for this mediation function. The Constitution provides the standard to evaluate the various regulatory and statutory schemes that are designed to strike a balance between individual rights and societal concerns in a broad area of the law called "social regulation" of the media.