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Full-Text Articles in Law
The Fcc Complaint Process And Increasing Public Unease: Toward An Apolitical Broadcast Indecency Regime, Kurt Hunt
Michigan Telecommunications & Technology Law Review
[...]I propose depoliticizing the broadcast indecency regime by utilizing polling to determine the average broadcast viewer's opinion, divorced from all the pressures inherent in relying on the complaint process as a proxy. In section II, I will discuss the background and development of the broadcast indecency doctrine from the days of the Federal Radio Commission in the 1920s through the present day. I will also explain why the apparent increasing public unease is misleading, and why valid First Amendment concerns are steamrolled by the fiery nature of the debate. In section III, I will explain why the FCC's reliance on …
American Broadcasting And The First Amendment, René L. Todd
American Broadcasting And The First Amendment, René L. Todd
Michigan Law Review
A Review of American Broadcasting and the First Amendment by Lucas A. Powe, Jr.
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 …
Constitutional Law - Judicial Determination Of Constitutional Questions - The Necessity Of Explicit Authorization Of Administrative Officers To Take Actions Which Limit First Amendment Freedoms, Walter R. Allan
Michigan Law Review
Appellant applied for renewal of his radio operator's license but refused to complete an FCC form relating to past and present affiliations with the Communist Party and other organizations which advocate the violent overthrow of the United States Government. At that time, and later in a hearing granted by the FCC, appellant relied upon the first amendment to justify his refusal. Subsequently the FCC denied his application. On appeal to the Court of Appeals for the District of Columbia, held, affirmed, one judge dissenting. Pursuant to its power to grant licenses in the public interest,1 the FCC may impose …