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.

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.

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.

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.

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.

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.

Broadcasting Regulations

Happy birthday to us – on the day that cleared a road to freedom

Memorial Day: Honoring those who gave all for our freedoms

White House Correspondents’ Dinner: levity, gravity, and a toast to the First Amendment

The origins of academic freedom in the U.S.