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Broadcasting - First Amendment Rights

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United States v. Playboy Entertainment Group

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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.

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Arkansas Educational Television Commission v. Forbes

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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.

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FCC v. National Citizens Committee for Broadcasting

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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.

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FCC v. League of Women Voters of California

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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.

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Simon & Schuster v. Members of New York State Crime Victims Board

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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.

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Denver Area Educational Telecommunications Consortium v. FCC

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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.

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Turner Broadcasting v. FCC

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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.

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Bartnicki v. Vopper

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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.

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FCC v. Fox Television Stations

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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.

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Miami Herald Publishing Co. v. Tornillo

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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.

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FCC v. Pacifica Foundation

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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.

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Ashcroft v. Free Speech Coalition

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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.

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Reno v. ACLU

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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.

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Red Lion Broadcasting Co. v. FCC

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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.

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CBS Inc. v. FCC

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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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