{"id":47,"date":"2015-06-01T18:03:11","date_gmt":"2015-06-01T18:03:11","guid":{"rendered":"http:\/\/revolutionsincommunication.com\/law\/?page_id=47"},"modified":"2026-03-15T13:51:07","modified_gmt":"2026-03-15T13:51:07","slug":"broadcasting","status":"publish","type":"page","link":"https:\/\/revolutionsincommunication.com\/law\/broadcasting\/","title":{"rendered":"8.1 Radio & TV regulation"},"content":{"rendered":"

Broadcast radio, television, and cable are far more regulated than print or digital media.\u00a0 Even so, regulations must be content neutral.\u00a0 Viewpoint-based regulation of speech and press is usually unconstitutional.\u00a0 \u00a0\u00a0<\/strong><\/p>\n

Content-based regulation of speech is generally subject to strict scrutiny and presumptively unconstitutional.\u00a0The Supreme Court considers viewpoint-based regulation of speech to be\u00a0an egregious form of content discrimination.<\/q><\/em>— Constitution Annotated,\u00a0 US Congress\u00a0<\/a><\/p>\n

\"\"<\/a>

“Hometown Henry” in the newsroom of WDBJ television in Roanoke, Virginia. (Photo by Kovarik)<\/p><\/div>\n

The authority to regulate broadcasting “in the public interest, convenience and necessity” is placed by Congress in\u00a0 the Federal Communications Commission.<\/strong><\/a> Its most important regulatory power derives from the FCC’s\u00a0 licensing of radio and TV\u00a0 broadcasting stations and networks.\u00a0 Stations or networks who do not abide by regulations face fines and other penalties. In very rare situations, one or two have lost their broadcast licenses.<\/p>\n

The regulation involves both the structure and content of radio, television, telegraph, satellite and cable communication in the US and territories.<\/span><\/p>\n

Radio and TV law contains many contradictions that are essentially holdovers from regulations of a previous era.\u00a0 For example, vulgar words may get “bleeped out” on some television programs and not others. This is usually because the same programs are regulated differently depending on their venue.\u00a0 A program on a streaming channel or cable is not regulated in the same way as those that are broadcast.<\/p>\n

One trend in broadcast law is toward deregulation, but a high level of regulation is likely to remain, considering the fact that demand for the broadcast spectrum continues to exceed supply, and that (supposedly) justifies regulation under the “scarcity rationale.”\u00a0 \u00a0 Recent controversies have involved indecency on broadcast television, the structural decline of radio and cable television, and the competition with relatively unregulated new digital media.<\/p>\n

One relatively new trend is the use of federal agencies such as the FCC to punish\u00a0 political rivals.\u00a0 The Trump administration 0f 2025\u00a0 is well known for engaging in highly partisan approaches to what was once relatively neutral federal regulation.<\/p>\n

Principles of regulation have included: \u00a0\u00a0<\/strong><\/span><\/h4>\n