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Full-Text Articles in Communications Law
Overwhelmed By Big Consolidation: Bringing Back Regulation To Increase Diversity In Programming That Serves Minority Audiences, Caridad Austin
Overwhelmed By Big Consolidation: Bringing Back Regulation To Increase Diversity In Programming That Serves Minority Audiences, Caridad Austin
Federal Communications Law Journal
This Note addresses diversity in the media and the need for regulation that will enhance programming so that it is inclusive of minority audiences. It begins by analyzing the historical development of diversity in the media through landmark cases, such as Metro Broadcasting, Inc. v. Federal Communications Commission, and it addresses the consolidating effects of the Telecommunications Act of 1996 and the FCC's 2003 Report and Order. It argues that despite technological growth, the FCC's open market regulatory approach of the last three decades has resulted in a lack of diverse perspectives in the media and that the FCC needs …
From Habermas To "Get Rich Or Die Tryin": Hip Hop, The Telecommunications Act Of 1996, And The Black Public Sphere, Akilah N. Folami
From Habermas To "Get Rich Or Die Tryin": Hip Hop, The Telecommunications Act Of 1996, And The Black Public Sphere, Akilah N. Folami
Michigan Journal of Race and Law
This Article explores the manner in which gangsta rappers, who are primarily young urban Black men, navigate the mass media and rap's commercialization of the gangsta image to continue to provide seeds of political expression and resistance to that image. While other scholars have considered the political nature of rap in the context of the First Amendment, this Article's approach is unique in that it is the first to explore such concepts through the lenses of Habermas' ideal public sphere and those of his critics. While many have written gangsta rap off as being commercially co-opted or useless given its …
Covering Women And Violence: Media Treatment Of Vawa's Civil Rights Remedy, Sarah F. Russell
Covering Women And Violence: Media Treatment Of Vawa's Civil Rights Remedy, Sarah F. Russell
Michigan Journal of Gender & Law
This Article analyzes how newspapers described and characterized the civil rights provision over the past decade and shaped the public discourse about the law. The author examines how lower federal courts, and eventually the Supreme Court, categorized the VAWA remedy when deciding whether Congress had acted within its commerce powers. After considering why there may have been resistance in the press and in the courts to VAWA's categorization of violence against women as a civil rights issue, the author concludes by examining the remedies that have been introduced at the state and local level for victims of gender-motivated violence, and …
Information Superhighway Or Technological Sewer: What Will It Be?, Robert W. Peters
Information Superhighway Or Technological Sewer: What Will It Be?, Robert W. Peters
Federal Communications Law Journal
No abstract provided.
Libel Reform: An Appraisal, C. Thomas Dienes
Libel Reform: An Appraisal, C. Thomas Dienes
University of Michigan Journal of Law Reform
Today, I am going to talk about the law of libel. A major part of my work at U.S. News is prepublication review of U.S. News and World Report and The Atlantic. I make difficult decisions such as assessing the risk that the Ayatollah Khomeini might sue the magazine for libel. I am not sure if you can libel the Ayatollah, but be careful if you do-he has very potent remedies. I will not focus on the law of libel as it is practiced in Michigan or in other states today. Instead, I want to examine proposals for the …
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.
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, …