Cleveland State Law Review Volume 27 Issue 4 Article 3 1978 The Impact of Pacifica oundationF on Two Traditions of Freedom of Expression Stephen W. Gard Cleveland- Marshall College of Law Jeffrey Endress Follow this and additional works at: https://engagedscholarship.csuohio.edu/clevstlrev Part of the Constitutional Law Commons, and the First Amendment Commons How does access to this work benefit ou?y Let us know! Recommended Citation Stephen W. Gard and Jeffrey Endress, The Impact of Pacifica oundationF on Two Traditions of Freedom of Expression, 27 Clev. St. L. Rev. 465 (1978) available at https://engagedscholarship.csuohio.edu/clevstlrev/vol27/iss4/3 This Article is brought to you for free and open access by the Journals at EngagedScholarship@CSU. It has been accepted for inclusion in Cleveland State Law Review by an authorized editor of EngagedScholarship@CSU. For more information, please contact
[email protected]. ARTICLES THE IMPACT OF Pacifica FoundationON TWO TRADITIONS OF FREEDOM OF EXPRESSION STEPHEN W. GARD* AND JEFFREY ENDREssf I. INTRODUCTION T HERE EXIST IN THIS NATION TWO TRADITIONS of freedom of expression: "that of the written and spoken word and that of the broadcast word."' The contrast between these two traditions is extraordinary. The first has its 2 roots in the historic rejection of administrative licensing of the written word and the popular repudiation of the Alien and Sedition Act of 1798.3 This tradition regards prior restraints as virtually verboten4 and all governmental regulation of the content of expression as inherently suspect.5 In short, here freedom of speech is the rule and governmental regulation is an exception to be jealously confined within narrow, judicially defined, limits.