Why is Fox News Allowed To Spread Falsehoods? Seriously, where is the FCC?

[onenote]

13. Article written by three recent law school graduates who should be given a failing grade.

Last edited Wed Jun 19, 2024, 12:01 PM - Edit history (1)

The FCC has no more authority to regulate non-obscene content on Fox News or any other non-broadcast network any more than it has authority to regulate content on the internet. The reasons are both constitutional and statutory. The First Amendment protects non-libelous speech even when it includes falsehoods. And Congress has not given the FCC authority to regulate cable television content. The exception - obscene speech -- is contained in an express statutory provision and otherwise is expressly forbidden, which further strengthens the case against the FCC claiming to have authority with respect to cable similar to what it has with respect to broadcasting since Congress is presumed not to have intended to give such authority to the FCC.

And believe me, we would not want the FCC to have that authority. I say this as someone, unlike the wet behind the ears law students who authored the piece linked in the OP, who has practiced communications law before the FCC and courts, including the Supreme Court, for over 40 years. I worked on several of the leading first amendment cases involving cable content such as Home Box Office, Inc. v. Wilkinson and Community Television of Utah, Inc. v. Roy City. I also worked on cases that involve the Cable Act of 1984, as amended. Section 624( f ) (1 ) of that legislation states as follows: " Any Federal agency, State, or franchising authority may not impose requirements regarding the provision or content of cable services, except as expressly provided in this subchapter."

Why give the recent graduates a failing grade? Because they totally ignore the cases and statutory provisions I just referenced.