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Social and Behavioral Sciences Commons™
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Full-Text Articles in Social and Behavioral Sciences
Buggy Whips And Broadcast Flags: The Need For A New Politics Of Expression, Garrett Levin
Buggy Whips And Broadcast Flags: The Need For A New Politics Of Expression, Garrett Levin
Duke Law & Technology Review
In response to growing fears from the entertainment industry over online file-sharing of valuable content, the Federal Communications Commission ("FCC") enacted sweeping regulations over the production of electronic devices in the name of protecting digital television broadcasts. Although the FCC's "broadcast flag" regulation was struck down on jurisdictional grounds, Hollywood has not given up the push for strict control. If Hollywood successfully acquires broadcast flag protection there could be far-reaching implications for innovation and development of new digital technologies. While content providers have important reasons to protect copyrighted material, there is too much at stake to merely acquiesce to their …
Regulating Indecency: The Federal Communication Commission’S Threat To The First Amendment, Reed Hundt
Regulating Indecency: The Federal Communication Commission’S Threat To The First Amendment, Reed Hundt
Duke Law & Technology Review
This paper is adapted from a talk given by the author at Duke University School of Law on April 6, 2005. The author argues that the Federal Communication Commission's recent crackdown on television indecency poses a significant threat to First Amendment protections by (1) limiting television viewers' freedom of choice and (2) implying the possibility of punishment for failure to cooperate with the political objectives of the governing party.