and electronic media are inappropriate and damaging to the First Amendment. Almost no one argues that broadcasting should be totally unregulated. But contemporary debate centers on whether the federal government should be involved in matters other than the technical aspects of broadcasting, particularly decisions that affect programming and news content. Simply put, should the government regulate the medium of communication by which its citizens learn what their government is doing? Such regula- tory policies as the fairness doctrine, personal attack rules, equal opportunity doctrine, and other rules raise the most serious First Amendment questions. This study examines the major issues raised by federal regu- lation of electronic communication and the environment in which that regulation takes place. Chapter 1 considers whether the decline of newspapers and the development of broadcasting have made the scarcity argument obsolete. In other words, is it damaging to First Amendment principles to continue to maintain that electronic and print media are not constitutionally parallel? Chapters 2 and 3 examine the development of case law in broadcasting and discuss the evolution of broadcasters' First Amendment rights. Chapter 4 considers the political environ- ment in which broadcast regulation takes place, examining the Federal Communications Commission and its relationship with Congress, the White House, its clientele groups, and the public. Chapter 5 discusses First Amendment concepts of public interest, diversity, and access as they apply to the regulation of broadcasting. It is to promote those principles that such rules as the fairness doctrine are directed. Chapter 6 considers the current "rewrite" of the Communications Act of 1934 that is before Congress and discusses the consequences of changing the "public interest, convenience, and necessity" standard that has governed the regulation of broadcasting for fifty years. And the appendix provides an analytical model for evaluating the relative contributions of various actors to FCC policymaking and suggests issue areas for testing the model analytically. -4- |