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Broadcasting - First Amendment Rights
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United States v. Playboy Entertainment Group
Struck down Section 505 of the Telecommunications Act of 1996, which required cable operators to fully scramble or block channels primarily dedicated to sexually-oriented programming. Relevance: Emphasized content-based restriction must pass strict scrutiny and reinforced cable broadcasters' First Amendment protections.
Arkansas Educational Television Commission v. Forbes
Upheld the discretionary power of a public broadcaster to exclude a political candidate from a televised debate. Relevance: Implied that public broadcasters have discretion in content decisions similar to private broadcasters under the First Amendment.
FCC v. National Citizens Committee for Broadcasting
Upheld FCC rules limiting the concentration of media ownership to ensure diversification of content and viewpoints. Relevance: Impacted broadcasting by maintaining restrictions on cross-ownership of media within local markets.
FCC v. League of Women Voters of California
Struck down a statutory ban on editorializing by public broadcasting stations which received government funding. Relevance: Asserted the editorial independence and free speech rights of public broadcasters.
Simon & Schuster v. Members of New York State Crime Victims Board
Struck down the 'Son of Sam' law that mandated that a criminal's income from works describing their crime be put in escrow. Relevance: Though primarily involving book publishing, this case has implications for broadcasting and media companies that feature such content.
Denver Area Educational Telecommunications Consortium v. FCC
Partially upheld and partially struck down provisions of the Cable Television Consumer Protection and Competition Act regarding cable operators' ability to limit access to certain cable channels. Relevance: Impacted the broadcasting industry concerning the regulation and censorship of cable television content.
Turner Broadcasting v. FCC
Upheld the must-carry rules, which require cable operators to carry local broadcast stations. Relevance: Confirms the government's interest in preserving a multiplicity of broadcasters and the survival of local broadcast television.
Bartnicki v. Vopper
Held that a radio host could not be sanctioned for playing an illegally recorded conversation if the host had no role in the illegal interception. Relevance: Protected broadcast journalists under the First Amendment when disclosing matters of public significance.
FCC v. Fox Television Stations
The Supreme Court ruled in favor of the FCC's decision to fine Fox for broadcasting 'fleeting expletives'. Relevance: Reinforced the FCC’s regulatory power over incidental indecent speech in broadcasting.
Miami Herald Publishing Co. v. Tornillo
Struck down a Florida law requiring newspapers to give free space to political candidates to reply to criticism, affirming that such a compulsion by the state infringed on editorial freedom and the First Amendment. Relevance: Signaled limits to the application of the Fairness Doctrine to print media, hinting at future broadcasting implications.
FCC v. Pacifica Foundation
Upheld the FCC's authority to fine radio stations for broadcasting 'indecent' material, specifically George Carlin’s 'seven dirty words' monologue. Relevance: Established that the broadcast media has the most limited First Amendment protection due to its accessibility to children.
Ashcroft v. Free Speech Coalition
Struck down two provisions of the Child Pornography Prevention Act of 1996 as being overly broad and violating the First Amendment. Relevance: Has implications for broadcasting by clarifying the scope of banned speech regarding simulated child pornography.
Reno v. ACLU
Declared the anti-indecency provisions of the 1996 Communications Decency Act (CDA) to be unconstitutional. Relevance: Set important precedent for free speech in the internet age which analogously applies to broadcasting standards and practices.
Red Lion Broadcasting Co. v. FCC
Upheld the Fairness Doctrine, stating that limited public airwaves could be regulated in the public interest. Relevance: Confirmed the FCC's authority to require broadcasters to present a balance of views on controversial issues.
CBS Inc. v. FCC
Affirmed the FCC's right to regulate personal attacks made in public broadcasts during controversial issue discussions. Relevance: Reinforced the Fairness Doctrine, particularly the 'personal attack' rule, requiring stations to offer reply time.
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