"White examines the hold of analogical reasoning on the legal imagination by assessing the way courts responded to innovations in the social world. The two examples that are the subject of this essay are the treatment of radio and motion pictures in the early part of the twentieth century. He looks at how law responded to these innovations and, in particular, how courts responded to challenges to efforts to impose a regulatory regime on them. The drive to regulate emerged from a particular awareness of the media’s mass quality and the immediacy of the effects the created; in addition, it was fueled by the Progressive Era’s tendency to approve regulation by experts as a way of addressing social concerns. Yet these regulations, at least from the perspective of today, raise serious First Amendment issues. White examines cases challenging regulation to sow that analogical reasoning was used to construct a legal history in such a way as to justify regulation in spite of the First Amendment. In the case of film, courts constructed such a history by categorizing it as a form of property. Like property, film might be used to do “evil.” Courts then conjured the history of the “police powers” by which states could invoke their powers to protect the morals of the public. In addition, they brought the regulation of film within the history of administrative law and, as a result, focused only on the nature of the legislative delegation involved. Having established framework of analogies, courts then were able to bring to bear the relevant precedents. In their treatment of those cases they tended to anticipate the position of Marshall in “Payne”, insisting on the value of consistency and continuity of law’s doctrinal structure."