Chapter 14: Access

Question 1

Zemel v. Rusk

Answer 1

Facts: after Zemel’s request to travel to Cuba is denied, he challenges the decision

Decision: SCOTUS sides with the government

Significance: asserts that there is no constitutional right to access → “the right to speak and publish does not carry with is the unrestrained right to gather information”

Question 2

Branzburg v. Hayes

Answer 2

Significance: “the first amendment does not guarantee the press a constitutional right of special access to information not available to the public generally” → no constitutional right to access

Question 3

Pell v. Procunier

Answer 3

Decision: SCOTUS upheld a California restriction on face-to-face prison interviews

Significance: “the constitution does not impose upon government the affirmative duty to make available to a journalist sources of information not available to members of the public generally” → no constitutional right to access

Question 4

Freedom of Information Act

Answer 4

Guarantees the public access to federal agency records

Exemptions
- national security
- rules and practices
- federal law exemptions
- trade secrets
- privileged communication
- confidential personnel files
- confidential law enforcement records
- financial regulation of institutions
- oil well information

Question 5

Sunshine Laws

Answer 5

Federal, state, and local laws that requires government agencies to open their meetings to the public

Question 6

Miami Herald Publishing v. Tornillo

Answer 6

Facts: In line with a Florida right of reply statute, Tornillo requests that the Miami Herald publish his response to a criticism that had previously been included in the paper

Decision: SCOTUS rules that the florida law is unconstitutional for four reasons
1. compelling the press = restricting the press
2. a financial penalty on speech
3. chilling effect on the press
4. destroys the editorial process

Significance: there is no right of access to print media

Question 7

Wireless Ship Act of 1910

Answer 7

Required all ships with 50+ passengers traveling 200+ mills of the coast to carry wireless equipment

contributes to the precedent of broadcast regulation

Question 8

Radio Act of 1912

Answer 8

Required all radio operations to be registered with the US government

Question 9

United States v. Zenith Radio

Answer 9

Facts: Zenith is fined by the Secretary of Commerce for broadcasting on frequencies that they were not licensed to use. Zenith argues that the Radio Act of 1912 did not empower the Secretary of Commerce to actively regulate broadcasting.

Decision: A federal court sides with Zenith and agrees that the law does not give the Secretary of Commerce the right to deny licenses

Significance: Lead to the adoption of the Radio Act of 1927 and the subsequent Communication Act of 1934

Question 10

Radio Act of 1927

Answer 10

Creates the Federal Radio Commission (FRC)

Asserts that:
1. the airwaves belong to the people of the United States
2. broadcasting is to serve the “public convenience, interest, or necessity”

Question 11

Communications Act of 1934

Answer 11

Replaces the FRC with the Federal Communication Commission (FCC)

Grants the FCC the right to regulate broadcasting

Question 12

National Broadcasting v. United States

Answer 12

Facts: NBC challenges and FCC regulation that prohibits local stations from entering into contracts in which they surrender control of content to larger networks

Decision: SCOTUS sides with the FCC

Significance: affirms the right of the FCC to regulate broadcasting on the grounds that the facilities of broadcast are limited

Question 13

The Fairness Doctrine

Answer 13

Introduced by the FCC in 1949 and abolished in 1987

Required that:
1. Broadcasters devoted a reasonable amount of time to the coverage of important public issues
2. the coverage was fair and balanced

Question 14

Red Lion Broadcasting v. FCC

Answer 14

Facts: Based on the Fairness Doctrine, the FCC instructs Red Lion Broadcasting to air Fred Cook’s reply to previously broadcasted attacks. Red Lion Broadcasting challenges the order.

Decision: SCOTUS sides with the FCC

Significance: (1) Upholds the fairness doctrine (2) affirms the right of reply under the fairness doctrine
“the rights of viewers/listeners > the rights of broadcasters”

Question 15

Syracuse Peace Council v. FCC

Answer 15

Facts: The Syracuse Peace Council challenges the FCC’s suspension of the Fairness Doctrine in an attempt to earn airtime for the criticism of a local power plant project.

Decision: SCOTUS sides with the FCC

Significance: asserts that the FCC has the authority to both create and reject doctrines so long as their actions promote the public interest

Question 16

Equal Opportunities Law

Answer 16

Found in section 315 of the Communications Act of 1934

Requires that candidates for federal office be given equal access to the airwaves

Question 17

CBS v. FCC

Answer 17

Facts: The FCC instructs CBS to sell ad time to the Carter-Mondale committee After CBS rejected the request on the grounds that campaign season had not begun. CBS challenges the order.

Decision: SCOTUS sides with the FCC and upholds the Equal Opportunity rule

Significance: asserts that although there is not a general right of access to the media, a limited right that pertains only to qualified federal candidates is permissible