The First Amendment and Television

Paper Summary:

This paper explains that many broadcasters argue that the First Amendment should apply to television in the same way it applies to the print media; however, because broadcasters are licensed to use a scarce public property, even the most conservative Supreme Courts consistently have ruled that, in the case of television, the First Amendment rights of the viewers, not the broadcasters, are paramount. The author points out that in the case of C.B.S. vs. Democratic National Committee (1973), 412 U.S. 94, the United States Supreme Court held that a broadcast licensee could refuse to carry a paid editorial advertisement. The paper relates that, in March 2004, Congress passed legislation that sharply increased federal fines for television and radio broadcasters, which air material the government deems indecent and ordered the FCC to look at ways to protect children from violence on television.

From the Paper:

"The Federal Communications Commission (FCC), established by the Communications Act of 1934, is an independent United States government agency, directly responsible to Congress, and is charged with regulating interstate and international communications by radio, television, wire, satellite and cable. The Media Bureau department of the FCC develops, recommends and administers "the policy and licensing programs relating to electronic media, including cable television, broadcast television, and radio in the United States and its territories.""

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