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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
them.'2
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
Circuit.
1. Red Lion Broadcasting Co. v. FCC, 395 U.S. 367 (1969).
2. Id. at 386 (footnote omitted).

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