[opendtv] News: Fox Says Mandated PSAs Would Be Illegal
- From: Craig Birkmaier <craig@xxxxxxxxx>
- To: OpenDTV Mail List <opendtv@xxxxxxxxxxxxx>
- Date: Tue, 13 Nov 2007 08:26:19 -0500
Fox Says Mandated PSAs Would Be Illegal
By John Eggerton -- Broadcasting & Cable, 11/12/2007 2:33:00 AM
While broadcasters have argued generally against FCC mandates for DTV
education public service announcements, Fox has weighed in strongly
against them, calling them unnecessary, beyond the FCC's authority
and an infringement on free speech.
Since broadcasters have already launched a PSA campaign as part of a
multi-pronged education effort, the push back on FCC Chairman Kevin
Martin's proposal for some mandatory schedule of the spots and
general reporting requirements has received fairly gentle opposition.
But in a comments to the FCC last week as part of its inquiry into
the mandates, Fox ramped up the opposition.
First, said Fox counsel Clark Wadlow, the mandates are unnecessary in
light of voluntary efforts. For example, he said, between Oct. 22 and
Oct. 31, the network had aired five PSA's in prime time, and that its
owned and operated stations had aired hundreds more.
Second, said Fox, the FCC can't use its general regulatory authority
to justify dictating broadcast program content. And third, compelled
speech would be unconstitutional. Quoting the case of Hurley Vs
Irish-America Gay, Lesbian & Bisexual Group of Boston, Fox said said
"[T]he fundamental rule of protection under the First Amendment is
that a speaker has the autonomy to choose the content of his own
message."
If the government wants to spur the educational effort beyond
broadcasters' voluntary campaign, said Fox, "it is of course free to
adopt its own public education campaign, or to purchase spots on
local broadcast and cable channels."
Echoing arguments cable has made against multicast must-carry, Fox
also said that compelled PSA's would implicate the takings clause
since the government would be compelling broadcasters to deliver a
government message that it would otherwise have to pay millions for.
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