NBC challenged FCC's authority/regulation of content.
scarcity doctrine
- there is a finite number of broad cast licenses and the airwaves are public property - therefore resources should be in used in the public interest.
FCC challenges -
- when it exceeds its statutory authority (ex: Fairness Doctrine)
- when an action is unconstitutional
FCC v. Red Lion
Carried a program including a right-wing commentator launching a personal attack on Fred Cook
- Cook wrote a book about Barry Goldwater
Does it violate First Amendment rights? / Indirect censorship?
Is the government allowed to regulate?
Only went to the appellate court
- upheld FCC's position
--- challenged again to Supreme Court
- SCOTUS decided that First Amendment rights of the public takes precedence over the First Amendment rights of broadcasters
Miami Harold v. Tornillo
The Miami Harold ran two editorials opposing Pat Tornillo, clearly against him
Tornillo wanted a rebuttal and was refused; sued under Florida's "right of reply" law
SCOTUS - "right to reply" statute violated the freedom of press in First Amendment
Print v. broadcasting rights
- print - private enterprise
- broadcasting - public
----
obscenity - no first amendment protections
- sexual content in an offensive manner --not artistic.
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