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8 Cards in this Set
- Front
- Back
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Red Lion Broadcasting v. FCC (1969)
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red lion provide free airtime to person who doesnt want to
rules in favor of FCC Section 315-equal opportunity rule legally qualified candidate section 312 |
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The Fairness Doctrine
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applies to broadcasting
balanced programing required personal attack rule |
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The Fairness Doctrine
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The Balanced Programming Requirement (a.k.a., The Fairness Doctrine) –
repealed in 1987 Trigger: Controversial issue Reasonable opportunity offered free to spokesperson for other side NOT applied to entertainment or advertising => Banzhaf v. FCC |
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The Personal Attack Rule
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repealed in 2000
Trigger: Attack on person summary of broadcast provided and reasonable opportunity offered free to person attacked |
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Access for Political Candidates
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Section 312(a)(7) — candidates for federal office must have “reasonable
access” Section 315 — candidates for office Equal Opportunity Rule Trigger: Candidate’s appearance paid, if other candidates paid NOT “Equal Time” Rule |
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Miami Herald v. Tornillo (1974)
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Print case
If newspaper takes opposition it must provide space for opponent. Herold doesnt want to give space, Tornilla looses Florida’s Right To Reply Statute |
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Ocala Star Banner v. Damron (1971)
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Who’ll take care of the Damrons of the
world? Although a desirable goal, “press responsibility is not mandated by the Constitution and like many other virtues it cannot be legislated.” . Why are the broadcast media treated differently than the print media? wrote false information about someone, got sued for libel |
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FCC v. Midwest Video (1979)
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Cable Television
FCC cannot make cable television a common carrier. ways to beat an administrative agency Procedural grounds — Did it violate its own internal rule-making procedures? Overbreadth — Did it overstep the bounds of its authority? FCC: have to by fed law to create public access channels -req is unconstitutional (LA vs preffered) Midwest video wins-gov cant require public access channels |
