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Broadcasting Regulations

This is a list of significant court cases related to broadcasting regulations. The Federal Communications Commission regulates radio, television and cable because they are seen as embodying a public interest. Sometimes the regulations implicate the First Amendment freedom of free speech.

  • Action for Children’s Television v. Federal Communications Commission (D.C. Cir.) (1995)

Action for Children’s Television v. FCC (D.C. Cir. 1995) said the
restricting indecent television programming during the day did not violate
the First Amendment.

  • Arkansas Educational Television Commission v. Forbes (1998)

In Arkansas Educational Television Commission v. Forbes (1998), the Supreme
Court upheld a decision to exclude Ralph P. Forbes, an independent
candidate for Congress, from a televised debate. The ruling overturned a
ruling that AETC had created a public forum to which all candidates should
have access.

  • CBS, Inc. v. Federal Communications Commission (1981)

In CBS v. Federal Communications Commission (1981), the Court gave more
weight to the First Amendment rights of political candidates than to those
of broadcasters.

  • City of Los Angeles v. Preferred Communications (1986)

In City of Los Angeles v. Preferred Communications (1986), the Court
demonstrated that cable television activities are protected by the First
Amendment.

  • Columbia Broadcasting System v. Democratic National Committee (1973)

Columbia Broadcasting System v. Democratic National Committee (1973) held
that a radio station did not violate the First Amendment’s guarantee of a
free press.

  • Denver Area Educational Telecommunications Consortium v. Federal Communications Commission (1996)

Denver Area Educational Telecommunications Consortium v. FCC (1996) ruled
on elements of an act that cable programmers and viewers alleged violated
the First Amendment

  • Federal Communications Commission v. Fox (2009) (2009)

FCC v. Fox (2009) ruled that the FCC did not act capriciously by changing
its fleeting expletives policy. The Court declined to address the
underlying First Amendment issues.

  • Federal Communications Commission v. Fox Television Stations (2012) (2012)

While FCC v. Fox (2012) invalidated the FCC’s actions against fleeting
expletives on television, it didn’t address the First Amendment
implications of the indecency policy.

  • Federal Communications Commission v. League of Women Voters of California (1984)

In FCC v. League of Women Voters of California (1984), the Court said that
banning noncommercial educational stations from editorializing violated the
First Amendment.

  • Federal Communications Commission v. Midwest Video Corp. (1979)

FCC v. Midwest Video Corp. (1979) said FCC regulations of cable stations
interfered with the First Amendment journalistic freedom of cable station
owners.

  • Federal Communications Commission v. National Citizens Committee for Broadcasting (1978)

FCC v. National Citizens Committee for Broadcasting (1978) said the FCC had
the right to further the First Amendment by restricting media concentration
in communities.

  • Federal Communications Commission v. Pacifica Foundation (1978)

In FCC v. Pacifica Foundation (1978), the Supreme Court reaffirmed that
there is less First Amendment protection for broadcast media than other
forms of media.

  • Federal Communications Commission v. Prometheus Radio Project (2021)

The Supreme Court upheld an easing of broadcast ownership rules in Federal
Communications Commission vs. Prometheus Radio Project, rejecting that the
change could reduce minority ownership.

  • Greater New Orleans Broadcasting Association v. United States (1999)

Greater New Orleans Broadcasting Association v. United States (1999) struck
down a law that violated the First Amendment by prohibiting broadcasting
advertisements for casinos.

  • Metro Broadcasting, Inc. v. Federal Communications Commission (1990)

Metro Broadcasting v. Federal Communications Commission (1990) upheld
affirmative action policies favoring minorities in broadcast licensing to
promote programming diversity.

  • National Broadcasting Co. v. United States (1943)

National Broadcasting Co. v. United States (1943) upheld FCC content-based
regulations on broadcast media, finding they did not violate First
Amendment free speech rights.

  • Red Lion Broadcasting Co. v. Federal Communications Commission (1969)

Red Lion Broadcasting v. FCC (1969) said a regulation using the fairness
doctrine to give a journalist airtime to respond to allegations did not
violate the First Amendment.

  • Turner Broadcasting System, Inc. v. Federal Communications Commission (1994, 1997)

Turner Broadcasting System, Inc. v. Federal Communications Commission
(1994) held that different First Amendment standards applied to cable
television and broadcast media.

  • United States v. Edge Broadcasting Co. (1993)

In 1993, the U.S. Supreme Court in United States v. Edge Broadcasting Co.
upheld a federal law prohibiting the broadcasting of advertisements for
state-run lotteries by broadcasters in nonlottery states.

  • United States v. Playboy Entertainment Group (2000)

U.S. v. Playboy Entertainment Group (2000) said a regulation requiring
cable providers to show sexually-oriented material at night only violated
the First Amendment.

ABOUT US

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The Free Speech Center is a nonpartisan, nonprofit public policy center dedicated to building understanding of the five freedoms of the First Amendment through education, information and engagement.

freespeechcenter@mtsu.edu

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