Entertainment, Arts, and Sports Law Commons^™

Broadcast In The Past?: The Dangers Of Deregulating Children’S Broadcast Television, Lauren Bashir

Journal of the National Association of Administrative Law Judiciary

This article will begin by providing an overview of the Federal Communications Commission’s role in regulating broadcast television. In Section II, this article will explain in depth how the FCC has placed limitations on the type of content and circumstances under which television stations can broadcast content. This discussion will lead into the Children’s Television Act (CTA) of 1990 and the regulation of children’s television—also known as the KidVid Rules. After providing some background on the creation of the CTA and its effectiveness up to recent times, Section III will dive deeper into the 2019 CTA modifications. Then this article …

À La Carte Cable: A Regulatory Solution To The Misinformation Subsidy, Christopher R. Terry, Eliezer J. Silberberg, Stephen Schmitz, John Stack, Eve Sando

Catholic University Journal of Law and Technology

Although “fake news” is as old as mass media itself, concerns over disinformation have reached a fever pitch in our current media environment. Online media outlets’ heavy reliance on user-generated content has altered the traditional gatekeeping functions and professional standards associated with traditional news organizations. The idea of objectivity-focused informational content has primarily been substituted for a realist acceptance of the power and popularity of opinion-driven “news.” This shift is starkly visible now: mainstream news media outlets knowingly spread hoaxes, conspiracy theories, and the like.

This current state of affairs is not some freak accident. The Supreme Court’s First Amendment …

News Reporting On Trump's Covid-19 Treatments: Should Broadcasters Have To Disclose Their Being Potentially Dangerous?, Dr. Joel Timmer

Washington Journal of Law, Technology & Arts

During the early months of the COVID-19 pandemic in 2020, President Trump touted a number of treatments that many medical professionals considered dangerous. These treatments include hydroxychloroquine and disinfectants, which if misused could cause a patient’s death. This prompted Free Press to file an emergency petition with the FCC, arguing that broadcasters who report on Trump’s claims about these treatments without highlighting their dangers could be in violation of the Commission’s broadcast hoax rule. Free Press also requested the FCC require that broadcasters include disclaimers when reporting on such claims. This article examines whether the broadcast hoax rule has been …

Harlem Shake Meets The Chevron Two Step: Net Neutrality Following Mozilla V. Fcc, Christopher R. Terry, Scott Memmel

Washington Journal of Law, Technology & Arts

In October 2019, the D.C. Circuit handed down its much-anticipated decision in Mozilla v. FCC, relying heavily on Chevron Deference and the Supreme Court’s 2005 Brand X decision. The per curiam opinion upheld large portions of the FCC’s 2018 Restoring Internet Freedom Order, but also undermined the FCC’s preemption of state law while also remanding issues related to public safety, pole attachments, and the Lifeline Program to the agency, assuring that the legal and policy battles over net neutrality will continue. This Article traces the history of the FCC’s efforts on net neutrality as it has moved in and out …

California, Are You There? It's The Entertainment Industry Calling And We Need Net Neutrality, Olivia Young

Loyola of Los Angeles Entertainment Law Review

With online streaming rapidly replacing cable as the preferred method of media consumption for viewers, demand for online content is at an all-time high. Behind the scenes of the entertainment evolution is an open and neutral Internet that facilitates equal access to all online content. Until recently, the Federal Communications Commission (FCC) committed to preserving the neutral net by passing Net Neutrality regulations that prohibited Internet Service Providers (ISPs) from blocking, throttling, or prioritizing online content. That changed on December 14, 2017, when the FCC repealed Net Neutrality, lifting the restrictions that once prevented ISPs from differentially transmitting online content. …

Indecency Regulation Of The Fcc And Censorship Law In Republic Korea: Comparison And Contrasts, Min-Soo "Minee" Roh

Upper Level Writing Requirement Research Papers

Regulating music on radio or television is not a straightforward process, as the music is comprised of lyrics of words. On top of the lyrics, any music performance has an additional layer of choreography and dress code. If any individual elements or combined elements is obscene or indecent, the government attempts to regulate broadcasting both music and performance. This leads to regulating general speech on communications and it requires this paper to look into regulation of broadcasting in general and specific examples of music broadcasting regulation on radio and television, particularly, in the United States (“States”) and in Republic of …

Déjà Vu All Over Again: Questions And A Few Suggestions On How The Fcc Can Lawfully Regulate Internet Access, Rob Frieden

Rob Frieden

This paper will examine the FCC’s March, 2015 Open Internet Order with an eye to assessing whether and how the Commission can successfully defend its decision in an appellate court. On two prior occasions, the FCC failed to convince a reviewing court that proposed regulatory safeguards do not unlawfully impose common carrier duties on private carriers. The Commission now has opted to reclassify broadband Internet access as common carriage, a decision sure to trigger a third court appeal. The FCC Open Internet Order offers several, possibly contradictory, justifications for its decision to apply Title II of the Communications Act, subject …

Network Neutrality And Consumer Demand For “Better Than Best Efforts” Traffic Management, Rob Frieden

Rob Frieden

This paper assesses whether and how ISPs can offer quality of service enhancements, at premium prices for full motion video, while still complying with the new rules and regulations established by the Federal Communications Commission (“FCC”) in March, 2015. The paper explains that having made the controversial decision to reclassify all forms of Internet access as a telecommunications service, the FCC increases regulatory uncertainty. In particular, the FCC has failed to identify instances where “retail ISPs,” serving residential broadband subscribers, can offer quality of service enhancements that serve real consumer wants without harming competition and the ability of most content …

Institutionalized Word Taboo: The Continuing Saga Of Fcc Indecency Regulation, Christopher M. Fairman

Christopher M Fairman

Indecency regulation by the Federal Communication Commission and Supreme Court is the product of word taboo—the subconscious, emotional, involuntary avoidance of certain words out of fear that some harm will occur if they are spoken. Acting in tandem, the Court and the Commissioners create institutionalized word taboo based upon the assumption that broadcast media’s pervasive and intrusive presence into the home endangers unsupervised children. Technological innovation renders this premise invalid today, but institutionalized word taboo remains. This article (1) traces the rise of indecency regulation, (2) explains the invalidity of the assumptions used to justify it, (3) introduces word taboo …

"Smut And Nothing But": The Fcc, Indecency, And Regulatory Transformations In The Shadows, Lili Levi

Articles

No abstract provided.

The First Amendment, Gaming Advertisements, And Congressional Inconsistency: The Future Of The Commercial Speech Doctrine After Greater New Orleans Broadcasting Ass'n V. United States, Nicholas P. Consula

Pepperdine Law Review

No abstract provided.

“I’M A Politician, But I Don’T Play One On Tv”: Applying The “Equal Time” Rule (Equally) To Actors-Turned- Candidates, Kimberlianne Podlas

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Paying The Price For Sports Tv: Preventing The Strategic Misuse Of The Fcc's Carriage Regulations, David Hutson

Federal Communications Law Journal

Cable companies and sports leagues have embarked upon parallel courses of vertical integration by creating and acquiring interests in cable sports networks. Cable companies carry regional sports networks (RSNs) on basic cable tiers. Some league-owned networks have sought high prices for carriage on basic tiers, causing some cable companies to balk because of the price increase they would have to pass on to consumers. The 1992 Cable Act prohibits cable companies from discriminating in carriage terms between affiliated and nonaffiliated networks. Cable companies that own RSNs are, therefore, left vulnerable to discrimination complaints by league-owned networks. This Note argues that …

Panel Iii: Indecent Exposure? The Fcc's Recent Enforcement Of Obscenity Laws, William Davenport, Jeffrey Hoeh, C. Edwin Baker, Paul J. Mcgeady

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Panel Iii: Indecent Exposure? The Fcc's Recent Enforcement Of Obscenity Laws, William Davenport, Jeffrey Hoeh, C. Edwin Baker, Paul J. Mcgeady

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

How Do You Say “Big Media” In Spanish? Spanish-Language Media Regulation And The Implications Of The Univision-Hispanic Broadcasting Merger On The Public Interest, Nicole Serratore

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Rocking Wrigley: The Chicago Cubs' Off-Field Struggle To Compete For Ticket Sales With Its Rooftop Neighbors, Ronnie Bitman

Federal Communications Law Journal

Wrigley Field, home of the Chicago Cubs, is one of the most unique and beloved baseball stadiums in the country. In recent years, however, the owners of several rooftop viewing platforms near the stadium provided the Cubs with unwanted off-field competition for ticket revenues. This Note discusses the intersection of sports, property rights, and copyright law in the context of recent dilemmas and litigation by professional sports organizations and teams. Although this Note briefly touches on the Lanham Act, the Author's focus remains on copyright law and the FCC's support for proprietary rights in sports.

No Competition: How Radio Consolidation Has Diminished Diversity And Sacrificed Localism, Gregory M. Prindle

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

When Is Time Brokerage A Transfer Of Control? The Fcc’S Regulation Of Local Marketing Agreements And The Need For Rulemaking, Michael E. Lewyn

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Flag On The Play? The Siphoning Effect On Sports Television, Phillip M. Cox Ii

Federal Communications Law Journal

The tradition of watching the Sunday afternoon football game in front of the television began in 1939. Since then, sports broadcasting has become one of the most powerful revenue-building tools for both media and sports leagues alike. Sports programming is increasingly available only through cable and pay-per-view television, which limits viewers' access to free broadcast televised sporting events. Legislators have now directed the Federal Communications Commission to study the effects of paid access to sports broadcasts, with an eye toward protecting viewers' rights to free access to sports on television.

This Note explains the impact of the Sports Broadcasting Act …

Panel Ii: Cable Versus Broadcast Tv: The “Must Carry” Provisions Of The Cable Television Consumer And Competition Act Of 1992, Marc Apfelbaum, Gregory Buscarino, Steven J. Hyman, Robert D. Joffe

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Panel Iv: Censorship Of Cable Television’S Leased And Public Access Channels, Majorie Heins, James N. Horwood, Robert T. Perry, Michael Sitcov

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Panel I: The Changing Landscape Of First Amendment Jurisprudence In Light Of The New Communications And Media Alliances, J. Richard Devlin, Theodore C. Hirt, Andrew A. Merdek

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Panel Iii: Cable Versus The Telephone Companies: Can Telephone Companies Be Constitutionally Barred From Delivering Video Programming? , David E. Bronston, James J. Gilligan, Mark C. Hansen, Joseph A. Post

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The First Amendment And Fcc Rule Making Under The 1992 Cable Act, Michael I. Meyerson

All Faculty Scholarship

This Article explores the First Amendment implications of the Federal Communication Commission's (FCC) regulations issued under the Cable Television Consumer Protection and Competition Act of 19921 (1992 Cable Act). The 1992 Cable Act imposes numerous requirements that are beyond the scope of this Article. This Article analyzes only the FCC's exercise of rule making discretion under the 1992 Cable Act.

Additionally, it must be remembered that an under-staffed FCC was given an enormous amount of work to do within fixed time limits. Therefore, it must be expected that the rulemaking would be vulnerable to second-guessing. Nonetheless, whenever a governmental entity …

Panel On The Indecency Standard And Regulation Of And By The Media, William J. Small, Irving Gastfreund, Carlton Long, Robert W. Peters, Judith P. Phil[Ips

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Cable Traffic And The First Amendment Must-Carry Under A Diversity Approach And Antitrust As Possible Alternative, Bruno Vandermeulen

LLM Theses and Essays

Recent technological progress in the field of telecommunications has greatly changed the competitive structure between broadcasters, cable operators, and telephone companies. The legal and economic environment for these media participants has shifted, and new problems have arisen. One major problem is the enhanced threat of concentration of media corporations, as corporate bigness becomes desirable and the number of diversified owners of media outlets continues to decrease. This paper analyzes broadcasting regulations and subsequent case law to show the concern by the legislature and regulatory agencies to preserve diversity in opinion and media-ownership through emphasis on “localism” and a “marketplace of …

Cable Television's New Legal Universe: Early Judicial Response To The Cable Act, Michael I. Meyerson

All Faculty Scholarship

On October 29, 1984, a new era began in the relationship between law and cable television. On that day, the first major law regulation cable television, the Cable Communications Policy Act of 1984,was signed into law.

Early judicial attempts to interpret the Cable Act revealed the difficulties judges had with understanding the new legal regimen. A common thread running through these varied cases, if any, was the courts' apparent lack of appreciation of the Act's complexity. Many, though not all, decisions appear to misread congressional language and misinterpret congressional intent. The first part of this Article will discuss this problem …

Cable Television Update-Capital Cities Cable, Inc. V. Crisp: Federalism And Frustration Of Powers, Steven J. Keeler

University of Richmond Law Review

The Supreme Court of the United States recently stunned the cable television industry with its decision in Capital Cities Cable, Inc. v. Crisp. The immediate result of the ruling was to preempt a state statute prohibiting the advertisement of certain alcoholic beverages; however, the decision's potential impact could be much broader. The Court unanimously held cable television regulation to be the "exclusive domain" of the Federal Communications Commission (FCC) and an "area that the Commission has explicitly pre-empted." Thus, the decision extends broad regulatory authority to the FCC at the expense of local control.

The Fairness Doctrine: Time For The Graveyard?

Fordham Urban Law Journal

The comments examines the rationale for the fairness doctrine, the obligations arising under it, and the FCC's administration of the doctrine. It further analyzes the judicial construction of the doctrine with emphasis on the doctrine's functional role and Constitutional ramifications. The fairness doctrine is part of a basic broadcast philosophy that mandates viewpoints on any controversial issue of public importance be fairly presented. It is partially codified by the FCC. However, after litigation, it seems clear to the courts that the fairness doctrine and the first amendment cannot share a peaceful coexistence. It may well be that the Court is …