University of Virginia Library

FCC Commissioner Urges Public Broadcasting Rights

Mime

Photo By Andy Stickney

The right of the public to purchase
broadcasting time for the discussion of
political or controversial issues is urged
by Federal Communications
Commissioner Nicholas Johnson in a
recent issue of the University Law
Review.

Mr. Johnson, along with co-author
Tracy Westen of the Stern Community
Law Firm, raised questions concerning
applications of first amendment press freedoms
in broadcasting in a recent issue of the Law
Review. The questions were brought up after
studying two decisions made last year by the
Federal Communications Commission.

In these cases, known as "Business
Executives Move for Vietnam Peace" and
"Democratic National Committee", the
Commission denied the request of a national
political organization attempting to purchase
radio and television air time. The organizations
wanted to buy the time at existing commercial
rates for the discussion of public issues.

The authors added that the decisions in
these two cases allow broadcasters to accept
commercial advertising and to reject political or
controversial advertisements. The authors state
that, in contrast, the decisions of the courts
have generally reflected that political speech is
more worthy of first amendment protection
than commercial speech.

Mr. Johnson and Mr. Westen continued to
say that these decisions were not consistent
with judicial precedents that assert that a
private or public entity, controlling property
if a system of public purchasing of TV time was
used, much of the present unfairness in
broadcasting would be resolved.

Under this proposed system the authors
contend that people with necessary funds,
rather than the government or corporate
broadcasting committees, would decide which
topics were of concern to the public, and who
should speak on these issues.

They continued to say that procedure of
purchasing air time would also pay for itself.
This system is unlike the fairness doctrine,
which often imposes a duty to make time
available with no charge.

The authors say that the majority of all
newscasts, documentaries, entertainment, and
other programming would not be influenced by
purchasing programming time.