Law Commons^™

A "Pay Or Play" Experiment To Improve Children's Educational Television, Lili Levi

Federal Communications Law Journal

This Article addresses both the constitutionality and the efficacy of the FCC's current rules that require broadcasters to air children's educational programming. It argues that, even though the rules would probably pass muster under the First Amendment, they should nevertheless be substantially revised.

Empirical studies show mixed results, with substantial amounts of educationally insufficient programming. This is predictable-attributable to broadcaster incentives, limits on the FCC's enforcement capacities, and audience factors. Instead, the Article advises a turn away from programming mandates. It proposes a "pay or play" approach that allows broadcasters to pay a fee to a fund for high-quality public …

Rethinking Regulation Of Advertising Aimed At Children, William A. Ramsey

Federal Communications Law Journal

In 1990, Congress passed the Children's Television Act ("CTA"), which directed the FCC to establish standards for broadcasters regarding the amount of children's programming aired and to enforce limits on the amount of commercial time aired during children's programming. The limits are meant to protect children from various harms caused by advertising aimed at children. This Note examines the constitutionality and the effectiveness of these commercial limits. The Note concludes that while the CTA's commercial limits are probably constitutional under the Court's test for regulations of commercial speech, the limits do not provide children with adequate protection from the harms …

The Children's Hour Revisited: The Children's Television Act Of 1990, Diane Aden Hayes

Federal Communications Law Journal

The Children's Television Act of 1990 was created to reduce advertising during children's programming and increase the number of educational programs for children. But by 1993 media watchers found that violations were frequent, and that what was purported to be educational television was often little more than cartoons. This Note argues that the apparent failure of the Act stems primarily from its vague standards. To correct these problems, more explicit regulations are necessary. Because new regulations can only go so far before they invade broadcasters' First Amendment rights, broadcasters and the FCC will have to compromise to create a workable …