About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

31 Fed. Comm. L.J. 201 (1978-1979)
The First Amendment and the New Media--New Directions in Regulating Telecommunications

handle is hein.journals/fedcom31 and id is 209 raw text is: ARTICLES
The First Amendment and the New
Media-New Directions in
Regulating Teleconmunicationst
By David L. Bazelon*
Ten years ago, in the landmark Red Lion case,' the
Supreme Court rejected a First Amendment challenge to the
FCC's so-called personal attack rules, part of the broader
fairness doctrine. Justice White, writing for the Court, ob-
served: [D]ifferences in the characteristics of new media jus-
tify differences in the First Amendment standards applied to
The Red Lion decision stirred widespread controversy
about the role of the First Amendment in telecommunications
regulation. Yet the problem has plagued thoughtful observers
of the broadcast industry since radio first transformed the way
we learn about the world, more than a half century ago. I have
observed the strains between the First Amendment and the or-
derly use of the airwaves for thirty years. My vantage point
has been the court that is charged with a major responsibility
for reconciling those two, often antagonistic concerns.
Today I would like to explore with you, practitioners, stu-
dents and critics of the new media, the assumptions underly-
t This address was delivered to the UCLA Communications Law Sym-
posium-1979, The Foreseeable Future of Television Networks, Los Angeles,
California, Feb. 2, 1979. Copyright D 1979, David L. Bazelon.
* Circuit Judge, United States Court of Appeals for the District of Columbia
1. Red Lion Broadcasting Co. v. FCC, 395 U.S. 367 (1969).
2. Id. at 386 (footnote omitted).

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.

Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most