Event Title

The Broadcast Licensee as Fiduciary: Toward the Enforcement of Discretion

Presenter Information

Jonathan Mallamud

Location

Duke Law School

Start Date

2-2-1973 11:15 AM

End Date

2-2-1973 12:15 PM

Description

As the justification for the fairness doctrine, the FCC pointed out that mass communications should serve to further the "development of an informed public opinion through the public dissemination of news and ideas concerning the vital public issues of the day." But for the fairness doctrine to succeed, the FCC, a government agency, must involve itself to some extent in the evaluation of the content of broadcast programming. Thus, on the one hand, to the extent that control of the mass communications media is in private hands, the general public's right to free speech is severely limited. On the other hand, any attempt to promote free speech by regulation of content by the FCC raises the issue of government infringement upon free speech.

Comments

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Related Paper

Jonathan Mallamud, The Broadcast Licensee as Fiduciary: Toward the Enforcement of Discretion, 1973 Duke Law Journal 89-133 (1973)

Available at: http://scholarship.law.duke.edu/dlj/vol22/iss1/3


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Feb 2nd, 11:15 AM Feb 2nd, 12:15 PM

The Broadcast Licensee as Fiduciary: Toward the Enforcement of Discretion

Duke Law School

As the justification for the fairness doctrine, the FCC pointed out that mass communications should serve to further the "development of an informed public opinion through the public dissemination of news and ideas concerning the vital public issues of the day." But for the fairness doctrine to succeed, the FCC, a government agency, must involve itself to some extent in the evaluation of the content of broadcast programming. Thus, on the one hand, to the extent that control of the mass communications media is in private hands, the general public's right to free speech is severely limited. On the other hand, any attempt to promote free speech by regulation of content by the FCC raises the issue of government infringement upon free speech.