This Article addresses the two sorts of problems raised by Professor Etzioni, while also responding to the earlier articles in this Symposium. With regard to the spillover effect, the author argues that there are ways to limit the effect on adults of restrictions designed to protect children, even on the Internet. Furthermore, some spillover effect is allowed and may leave open the possibility of protecting children from tobacco or alcohol advertisements. The Article also addresses areas in which material has been seen as protected even for children. While agreeing that depictions of violence pose an important problem, the Article also addresses hate speech delivered to child audiences. The Article argues for a two-tiered First Amendment that would allow the state to protect children from damaging material, unless their parents wish to provide it, while leaving open adult-to-adult communication.
Kevin W. Saunders,
The Need for a Two (or More) Tiered First Amendment to Provide for the Protection of Children,
Chi.-Kent L. Rev.
Available at: https://scholarship.kentlaw.iit.edu/cklawreview/vol79/iss1/9