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Full-Text Articles in Law
In All Fairness: Using Political Broadcast Access Doctrine To Tailor Public Campaign Fund Matching, Andrew V. Moshirnia, Aaron T. Dozeman
In All Fairness: Using Political Broadcast Access Doctrine To Tailor Public Campaign Fund Matching, Andrew V. Moshirnia, Aaron T. Dozeman
University of Michigan Journal of Law Reform
Recent United States Supreme Court decisions have undermined the viability of campaign public financing systems, a vital tool for fighting political corruption. First, Citizens United v. FEC allowed privately financed candidates and independent groups to spend unlimited amounts of money on campaigning. Publicly financed candidates now risk being vastly outspent. Second, Arizona Free Enterprise Club’s Freedom PAC v. Bennett invalidated a proportional fund matching system whereby privately financed candidates’ or independent groups’ spending triggered funds to publicly funded candidates. These decisions effectuate a libertarian speech doctrine: all speakers, individual or corporate, must be absolutely unburdened. To comply with this approach, …
Race, Media Consolidation, And Online Content: The Lack Of Substitutes Available To Media Consumers Of Color, Leonard M. Baynes
Race, Media Consolidation, And Online Content: The Lack Of Substitutes Available To Media Consumers Of Color, Leonard M. Baynes
University of Michigan Journal of Law Reform
In its 2003 media ownership proceedings, the FCC relied on the existence of the Internet to provide justification for radically relaxing the FCC ownership rules. These rules limited the national audience reach of the broadcast licensees and the cross-ownership of different media properties by broadcasters and newspapers. In relaxing these rules, the FCC failed to recognize that a media submarket for African Americans and Latinos/as existed. This separate market is evidenced by the different television viewing habits of African Americans and Latinos/as as compared to Whites and Billboard magazine's delineation of R&B/urban music radio stations as a separate radio station …
Out Of Thin Air: Using First Amendment Public Forum Analysis To Redeem American Broadcasting Regulation, Anthony E. Varona
Out Of Thin Air: Using First Amendment Public Forum Analysis To Redeem American Broadcasting Regulation, Anthony E. Varona
University of Michigan Journal of Law Reform
American television and radio broadcasters are uniquely privileged among Federal Communications Commission (FCC) licensees. Exalted as public trustees by the 1934 Communications Act, broadcasters pay virtually nothing for the use of their channels of public radiofrequency spectrum, unlike many other FCC licensees who have paid billions of dollars for similar digital spectrum. Congress envisioned a social contract of sorts between broadcast licensees and the communities they served. In exchange for their free licenses, broadcast stations were charged with providing a platform for a "free marketplace of ideas" that would cultivate a democratically engaged and enlightened citizenry through the broadcasting of …
"In Stark Contravention Of Its Purpose": Federal Communications Commission Enforcement And Repeal Of The Fairness Doctrine, Michael J. Bolton
"In Stark Contravention Of Its Purpose": Federal Communications Commission Enforcement And Repeal Of The Fairness Doctrine, Michael J. Bolton
University of Michigan Journal of Law Reform
This Note analyzes current FCC policy to determine whether the agency violated its statutory purpose and acted unlawfully by restricting and later repealing the fairness doctrine. Because the Commission's attack on the doctrine has been based, in part, on conclusions drawn from the doctrine's history, Part I examines prior FCC enforcement of the fairness doctrine. Part II views the Commission's contemporary enforcement and repeal of the doctrine. Finally, Part III assesses Commission action in light of its legislative mandate and administrative law standards of judicial review to conclude that the FCC both violated its administrative responsibilities by deemphasizing enforcement of …
The Public Broadcasting Act: The Licensee Editorializing Ban And The First Amendment, John C. Grabow
The Public Broadcasting Act: The Licensee Editorializing Ban And The First Amendment, John C. Grabow
University of Michigan Journal of Law Reform
This article contends that the public is deprived of an important source of information on public affairs issues as a result of the section 399(a) prohibition on editorializing. After an examination of the legislative history of Section 399(a), and the heritage of broadcast regulation in the United States, the article concludes that the prohibition on editorializing is an improper restriction on free expression in violation of the First Amendment.
Regulation Of Indecency In Political Broadcasting, Jonathan Golomb
Regulation Of Indecency In Political Broadcasting, Jonathan Golomb
University of Michigan Journal of Law Reform
The article considers both the constitutional and statutory aspects of the regulation of indecency in political broadcasting. The discussion is limited to considering "indecency," a term excluding obscenity or incitement to violence, because the government's power to regulate these types of speech is well established. Indecent speech would be protected if used in the print media, since it does not fall within the established First Amendment exceptions. The basic constitutional question, therefore, is whether the broadcast media are inherently different from the print media, so as to justify different treatment of indecent political speech. This article will contend that they …
Political Broadcasting After The Aspen Ruling: Legislative Reform Of Section 315(A) Of The Communications Act Of 1934, Stuart N. Brotman
Political Broadcasting After The Aspen Ruling: Legislative Reform Of Section 315(A) Of The Communications Act Of 1934, Stuart N. Brotman
University of Michigan Journal of Law Reform
The FCC's new interpretation of section 315(a) in the Aspen ruling greatly reduced its inhibitory effect on broadcasters. The ruling, however, has created further interpretive problems regarding the broadcast debate format, and has not completely resolved the more general problem of giving the electorate greater and more direct exposure to candidates during campaigns through programming that forces candidates to confront each other on the major issues. This article will discuss the. background of section 315(a), then explain each of its exemptions. Finally, it will propose possible reforms in the area of political broadcasting in light of the Aspen ruling.
Public Broadcasting And The Problem Of Government Influence: Towards A Legislative Solution, Oscar G. Chase
Public Broadcasting And The Problem Of Government Influence: Towards A Legislative Solution, Oscar G. Chase
University of Michigan Journal of Law Reform
This article will explore the problems raised by the emergence of the federal government as a television "sponsor." It will argue that fundamental structural reform is needed to promote the constitutional values at issue, that such reform will also promote the interests of local control sought by the Public Broadcasting Act of 1967, and that legislative action in furtherance of this structural solution is desirable. In this context this article will consider the proposed Public Broadcasting Financing Act of 1974 and will argue that any bill modeled on it would not eliminate the problems despite its salutary innovations. Not considered, …
Broadcasting, The Reluctant Dragon: Will The First Amendment Right Of Access End The Suppressing Of Controversial Ideas?, Donald M. Malone
Broadcasting, The Reluctant Dragon: Will The First Amendment Right Of Access End The Suppressing Of Controversial Ideas?, Donald M. Malone
University of Michigan Journal of Law Reform
The scope of this article will be limited to one aspect of electronic media programming-the extent to which the public is and should be exposed to an accurate cross section of public opinion and a broad range of controversial ideas. Many people, including the Federal Communications Commission (FCC), have acknowledged that a desirable goal for the broadcast media, particularly television, is to provide a marketplace for controversial ideas. Part II of this article will identify the principal reasons why that goal has not been achieved. Part III will examine the fairness doctrine, the antecedents of which have been traced back …