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Communication Technology and New Media

Media & Communications

2009

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The Future Of “Fair And Balanced”: The Fairness Doctrine, Net Neutrality, And The Internet, Sasha Leonhardt Oct 2009

The Future Of “Fair And Balanced”: The Fairness Doctrine, Net Neutrality, And The Internet, Sasha Leonhardt

Duke Law & Technology Review

In recent months, different groups--pundits, politicians, and even an FCC Commissioner--have discussed resurrecting the now-defunct Fairness Doctrine and applying it to Internet communication. This iBrief responds to the novel application of the Doctrine to the Internet in three parts. First, this iBrief will review the history and legal rationale that supported the Fairness Doctrine, with a particular emphasis on emerging technologies. Second, this iBrief applies these legal arguments to the evolving structure of the Internet. Third, this iBrief will consider what we can learn about Net Neutrality through an analogy to the Fairness Doctrine. This iBrief concludes that, while the …