Frameworks and Rationales for Media Regulation

Question 1

common carriers

Answer 1

• No FA protection
• Telcos
• ISPS

Question 2

Broadcast

Answer 2

Limited First Amendment protection
• Scarcity- broadcast facilities are limited, they are not available to all who may wish to use them; the radio spectrum, simply is not large enough to accommodate everyone. There is a fixed natural limitation upon the number of stations that can operate without interfering with one another.
• Pervasiveness- time, audience, medium
• Public trustees- it is the right of viewers and listeners, not the right of broadcasters, that are paramount
o Red Lion v. FCC- The FCC by administrative rulemaking had required that discussion of public issues be presented on broadcast stations, and that each side of those issues must be given fair coverage. As a result the FCC added an “equal time rule” and a “response to personal attack” rule. Red Lion Broadcasting Co. challenged these rules as unconstitutionally infringing on the speech of the station’s editorial judgment. Court ruled unanimously in favor of the FCC and found the Fairness Doctrine to be constitutional

Question 3

cable

Answer 3

• Strong FA protection

* But cable systems are effective monopolies- create bottlenecks

Question 4

print

Answer 4

• Full FA protection
• Miami Herald v. Tornillo- law requiring newspapers to allow equal space in their newspapers to political candidates in the case of a political editorial or endorsement content. The court held that while the statute does not “prevent [newspapers] from saying anything [they] wish” it “exacts a penalty on the basis of the content.”

Question 5

internet

Answer 5

full FA protection