Unlike newspapers, TV and radio broadcasting is subject to government regulation in the form of the FCC and the Fairness Doctrine, which requires stations "to devote a reasonable amount of broadcast time to the discussion of controversial issues" and "to do so farily, in order to afford reasonable opportunity for opposing viewpoints." In this provocative book, Fred W. Friendly, former president of CBS News examines the complex and critical arguments both for and against the Fairness Doctrine by analyzing the legal battles it has provoked.
Argues that broadcasting should be accorded the same first amendment rights as the print media, shows how regulation has led to abuse, and suggests a different approach for the future
"As traditional for-profit news media in the United States declines in economic viability and sheer numbers of outlets and staff, what does and what should the constitutional guarantee of freedom of the press mean? The book examines the current news ecosystem in the U.S. and chronicles historical developments in government involvement in shaping the industry. It argues that initiatives by the government and by private-sector actors are not only permitted but called for as transformations in technology, economics, and communications jeopardize the production and distribution of and trust in news and the very existence of local news reporting. It presents ten proposals for change to help preserve the free press essential to our democratic society"--
This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1978.
As the Supreme Court has recognized, social media sites like Facebook and Twitter have become important venues for users to exercise free speech rights protected under the First Amendment. Commentators and legislators, however, have questioned whether these social media platforms are living up to their reputation as digital public forums. Some have expressed concern that these sites are not doing enough to counter violent or false speech. At the same time, many argue that the platforms are unfairly banning and restricting access to potentially valuable speech. Currently, federal law does not offer much recourse for social media users who seek to challenge a social media provider's decision about whether and how to present a user's content. Lawsuits predicated on these sites' decisions to host or remove content have been largely unsuccessful, facing at least two significant barriers under existing federal law. First, while individuals have sometimes alleged that these companies violated their free speech rights by discriminating against users' content, courts have held that the First Amendment, which provides protection against state action, is not implicated by the actions of these private companies. Second, courts have concluded that many non-constitutional claims are barred by Section 230 of the Communications Decency Act, 47 U.S.C. § 230, which provides immunity to providers of interactive computer services, including social media providers, both for certain decisions to host content created by others and for actions taken "voluntarily" and "in good faith" to restrict access to "objectionable" material. Some have argued that Congress should step in to regulate social media sites. Government action regulating internet content would constitute state action that may implicate the First Amendment. In particular, social media providers may argue that government regulations impermissibly infringe on the providers' own constitutional free speech rights. Legal commentators have argued that when social media platforms decide whether and how to post users' content, these publication decisions are themselves protected under the First Amendment. There are few court decisions evaluating whether a social media site, by virtue of publishing, organizing, or even editing protected speech, is itself exercising free speech rights. Consequently, commentators have largely analyzed the question of whether the First Amendment protects a social media site's publication decisions by analogy to other types of First Amendment cases. There are at least three possible frameworks for analyzing governmental restrictions on social media sites' ability to moderate user content. Which of these three frameworks applies will depend largely on the particular action being regulated. Under existing law, social media platforms may be more likely to receive First Amendment protection when they exercise more editorial discretion in presenting user-generated content, rather than if they neutrally transmit all such content. In addition, certain types of speech receive less protection under the First Amendment. Courts may be more likely to uphold regulations targeting certain disfavored categories of speech such as obscenity or speech inciting violence. Finally, if a law targets a social media site's conduct rather than speech, it may not trigger the protections of the First Amendment at all.
Communications giants like Google, Comcast, and AT&T enjoy increasingly unchecked control over speech. As providers of broadband access and Internet search engines, they can control online expression. Their online content restrictions—from obstructing e-mail to censoring cablecasts—are considered legal because of recent changes in free speech law. In this book, Dawn Nunziato criticizes recent changes in free speech law in which only the government need refrain from censoring speech, while companies are permitted to self-regulate. By enabling Internet providers to exercise control over content, the Supreme Court and the FCC have failed to protect the public's right to access a broad diversity of content. Nunziato argues that regulation is necessary to ensure the free flow of information and to render the First Amendment meaningful in the twenty-first century. This book offers an urgent call to action, recommending immediate steps to preserve our free speech rights online.
In this book, Paul Matzko tells the story of the emergence of ultra-conservative radio in the 1960s, and reveals the Kennedy administration's involvement in a censorship campaign against conservative broadcasters. The Radio Right provides the essential pre-history for the last four decades of conservative activism, as well as the historical context for current issues of political bias and censorship in the media.
Freedom of speech. It is our most cherished privilege as Americans, guaranteed by the First Amendment to the U.S. Constitution since 1791. But our current presidential administration threatens to sharply curtail or silence altogether the freedom of expression that distinguishes America from the average dictatorship. What is under direct attack? Conservative talk radio. During the Reagan administration, conservative talk radio burgeoned when the FCC voted to stop enforcing the Fairness Doctrine, which required all licensed broadcasters to present "balanced" viewpoints on controversial issues. The format was a smash hit, attracting an estimated 50 million listeners weekly. Popular, profitable, outspoken, powerful, influential—it’s what the American people wanted, and its success was the Democrats' worst nightmare. Now, the principles underlying the Fairness Doctrine threaten to be reinstated. Under cover of being "fair," they will be used as a means of censorship, allowing government to influence who owns our airwaves and thus controls the content, a mandate with far-reaching implications for all media—indeed, for freedom of speech for all Americans.
