Article:
L.A. Powe, Jr., "Or of the [Broadcast] Press", 55 TEXAS L. REV. 39 (1976).
 

Abstract:
Professor Powe considers the history and rationale of broadcasting regulation, particularly the fairness doctrine. After considering the often-advanced justifications for regulation—scarcity, power, and the notion of a captive audience—he contends that these arguments are simply post hoc rationalizations for a process of regulation that seeks only to preserve the status quo. Since neither empirical evidence nor legal theory supports regulation, Professor Powe concludes that the first amendment should protect broadcasting to exactly the same extent as the print media.