Book Review: American Broadcasting and the First Amendment. by Lucas A. Powe, Jr.; Cable Television and the First Amendment. by Patrick Parsons.

Book review: American Broadcasting and the First Amendment. By Lucas A. Powe, Jr. Berkeley, Ca.: University of California Press. 1987. Pp. x, 295 ; Cable Television and the First Amendment. By Patrick Parsons. Lexington, Ma.: Lexington Books. 1987. Pp. iv, 168. Reviewed by: Henry Geller

Book Review: American Broadcasting and the First Amendment. by Lucas A. Powe, Jr.; Cable Television and the First Amendment. by Patrick Parsons.

Book review: American Broadcasting and the First Amendment. By Lucas A. Powe, Jr. Berkeley, Ca.: University of California Press. 1987. Pp. x, 295 ; Cable Television and the First Amendment. By Patrick Parsons. Lexington, Ma.: Lexington Books. 1987. Pp. iv, 168. Reviewed by: Henry Geller

Carl Ramey\u27s Mass Media Unleashed

Book Review: Carl R. Ramey, Mass Media Unleashed: How Washington Policy Makers Shortchanged the American Public (2007). This superb book treats an important issue: the proper regulatory policy for broadcasting in the twenty-first century. In it, Carl Ramey critiques the Federal Communications Commission\u27s public trustee and deregulatory market policies and suggests that to meet the dynamic market and technological changes of this new century we should, among other things, free commercial broadcasters completely from public trustee requirements and eliminate FCC enforcement of its ownership and related rules. Based on the long experience of a communications lawyer who knows so well how the present policy has failed, this book is a most commendable effort and a great blueprint for refor

Turner Broadcasting, the First Amendment , and the New Electronic Delivery Systems

After ducking the issue of the First Amendment status of cable television for years, the United States Supreme Court rendered its most important decision concerning the regulation of the new electronic media in Turner Broadcasting, Inc. v. FCC. Turner involved the constitutionality of the must-carry provisions of the 1992 Cable Act (the Act or Cable Act ) which require cable systems to carry specified local broadcast television stations. While cable television began over four decades ago as a community antenna service, it changed drastically after the advent of satellite in the mid-1970\u27s to also provide scores of satellite-delivered programs and to become the most important video delivery system. Cable\u27s First Amendment status, however, remained in doubt. One group of lower court cases analyzed cable\u27s First Amendment status under the print model of Tornillo, which provides that content-based regulation of communication media is constitutional only if it is narrowly tailored to a compelling government interest. Another group of cases opted for the more permissive broadcast regulatory scheme of Red Lion, under which content-based regulation of communication media is valid if it is reasonably related to a legitimate government interest. The Court in Turner has now determined that the Red Lion scheme is confined to broadcasting. Cable and other new electronic delivery systems such as telephone companies ( telcos ) come under traditional First Amendment jurisprudence. That is, they are to receive strict scrutiny First Amendment protection when the government regulation is content-based and to come under the intermediate O\u27Brien standard when the regulation is content-neutral. This paper explores the polar opposites of Red Lion and Tornillo, as well as the intermediate O\u27Brien standard. The paper then analyzes the Supreme Court\u27s selection between these competing doctrines in its decision in Turner regarding the constitutionality of the Cable Act\u27s must-carry provisions. The paper then explores the likely effect Turner will have on new electronic delivery systems such as the telcos. The paper concludes that Turner foretells serious constitutional obstacles to government regulation of the emerging media that will comprise the Information Superhighway. This will enhance the vast potential these media have for widespread dissemination of information throughout the United States and the world