Article:
William C. Canby, Jr., Programming in Response to the
Community: The Broadcast Consumer and the First Amendment,
55 TEXAS L. REV. 67 (1976).
Abstract:
In this article Professor Canby examines the constitutional
problems underlying three polices of the Federal Communications
commission that touch upon content regulation: ascertainment of
community problems, restrictions upon format changes, and
agreements between citizens' groups and broadcasters. Canby
concludes that these policies threaten the first amendment
rights of the audience. Moreover, he argues that the
constitutional interest of the audience should not be labeled a
"right to hear" because the desires of all listeners cannot be
even partially satisfied. Rather, Canby suggests analyzing the
consumer interest as a speech interest and advocates a system of
limited public access to accommodate best the first amendment
interests of broadcasters and broadcast consumers.