Media & Communications Policy – Issues & Developments in the Realm of Communications and Media Policy & The First Amendment

September 26, 2024September 26, 2024 By Stuart N. Brotman

Focusing on ‘Net Vitality’ Can Help End ‘Net Neutrality’ War

The latest battle over “net neutrality” has returned to the federal courts and to the sharply divided perspectives regarding the extent to which the Federal Communications Commission should assert regulatory authority over how internet service providers offer broadband network service.

In August, the U.S. Court of Appeals for the Sixth Circuit issued a stay that freezes the latest move by the FCC to re-impose a regime that requires ISPs to treat all services they carry equally, akin to the way that more traditional telephone companies have been regulated for nearly a century as nondiscriminatory common carriers. However, it has not yet rendered a decision on the case’s merits, which offers a real opportunity to look at the issue differently.

September 6, 2024September 5, 2024 By Guest Author Gary Shapiro

Tech’s Role in Driving Innovation: Why Over-Regulation Stifles Progress

Recently, The Media Institute shared a commentary by Adonis Hoffman suggesting tech should be highly regulated, blaming it for many problems faced by traditional media. On behalf of the Consumer Technology Association’s (CTA)^®1,300 tech company members, many of which are leading competitors around the world and collectively are driving economic and stock market growth, I strongly disagree with this perspective. The notion of using government to “tear down” one industry to “boost” another is misguided and harmful to the competitive spirit that drives American innovation and economic success.

Tech is tackling global challenges and improving lives for billions of people. Indeed, CTA and CES^® partnered with the United Nations to provide and promote solutions for clean water, clean air, health care, and food availability. As innovators develop solutions saving lives, some media industry lobbyists whose businesses lost market share to innovative competitors push for unnecessary taxes and restrictions on tech – simply because it has disrupted traditional models.

July 24, 2024July 24, 2024 By Adonis Hoffman, Esq.

Big Tech and Principled Policy

As the election draws closer and the stakes become clearer, we should not forget the outsized influence of Big Tech in our country.

Not long ago, Facebook and Twitter emerged as key figures in U.S. elections when foreign propaganda, fake news, and objectionable content became a part of the process. Since then, Facebook, Instagram, TikTok, and X have become embedded in the fabric of American society, affecting democracy itself.

May 29, 2024May 28, 2024 By Adonis Hoffman, Esq.

American TV Is Changing for Better or Worse

The American TV market is changing before our very eyes, presenting viewers, creators, and advertisers an unprecedented degree of choice, convenience, and competition. We are witnessing a platinum age of television, where an alluring array of movies, sports, and specials is accessible on our phones, tablets, and computers, available anytime and anyplace, on demand. Though we now refer to it as “video,” at its essence it remains television, and we just cannot get enough of it.

But, for traditional TV broadcasters, these changes are both a blessing and a bane. A blessing because more people are watching more video than ever before. A bane because more people are viewing that video through non-traditional media, which represents an evolving societal shift.

April 18, 2024April 17, 2024 By Stuart N. Brotman

Local Approach May Be Key to Combating Digital Discrimination

Remember when the “digital divide” was developed as a shorthand to describe those Americans who had broadband network access compared to those who did not? Clearly, in a society that revolves around digital technologies and content, being on the wrong side of that divide may mean fewer educational, professional, and personal opportunities.

The good news for many Americans is that the number of persons without access to high-speed broadband at home continues to shrink. Clearly, there is a way to go to achieve near-universal broadband access, but the trend line is pointing in the right direction.

December 15, 2023December 14, 2023 By Stuart N. Brotman

Threats on Campuses Need To Be Dealt With Directly

The recent explosive congressional hearing with presidents from among some of the nation’s most elite universities – Harvard, MIT, and the University of Pennsylvania – nearly broke the Internet. All three academic leaders could not clearly state that advocating genocide against Jews might violate their campus codes of conduct. Politicians of all stripes – along with students, faculty, alumni, and prominent donors – were shocked that what seemed like something defined by a bright line of morality would be portrayed as requiring nuance in response.

Elizabeth Magill, Penn’s president, created the most memorable soundbite while under intense questioning by Rep. Elise Stefanik, (R-N.Y.). When asked by Stefanik whether calling for the genocide of Jews constituted bullying or harassment, Magill soberly replied, “It is a context-dependent decision, congresswoman.”

December 6, 2023December 5, 2023 By Stuart N. Brotman

Henry Kissinger: RIP for America’s First TV Diplomat

“Hang up the phone and come by my office now so we can chat.” Whenever I heard those words in that familiar German-inflected low register, I knew that it was time for a quick ride down the elevator at The Museum of Television & Radio in New York, then a brisk walk from there on 52nd Street to meet Henry Kissinger a few blocks away at his Park Avenue office.

Dr. Kissinger was a close friend of the museum’s founder, William S. Paley, the legendary chairman and CEO of CBS. He was an original member of its Board of Trustees, and remained involved in that capacity until his recent death at 100 years old. Kissinger was not just another name on the illustrious roster that graced our letterhead, either; after all, he didn’t need to be there to burnish his resume.

November 21, 2023November 21, 2023 By Adonis Hoffman, Esq.

Why Self-Regulation Is Best for Artificial Intelligence

As the Biden Administration seeks to get its arms around the global phenomenon that is artificial intelligence, it should recognize a few realities.

First, artificial intelligence (AI) is more than an idea whose time has come – it is indelibly written into the fabric of our society. AI has grown from a theoretical, academic concept to an indispensable tool in just about every sector imaginable. It has become ubiquitous and universal, transforming commerce, culture, industry, and individual lives the world over, fostering a new era of innovation.

November 16, 2023November 16, 2023 By Stuart N. Brotman

Soundbite-Happy Media Get ‘Genocide’ Wrong

Here’s what three-time Oscar nominee Mark Ruffalo, who as “The Hulk” plays a prominent role in the Marvel Cinematic Universe, posted on Twitter (now X) in 2021:

“I have reflected & wanted to apologize for posts during the recent Israel/Hamas fighting that suggested Israel is committing ‘genocide.’ It’s not accurate, it’s inflammatory, disrespectful & is being used to justify antisemitism here & abroad. Now is the time to avoid hyperbole.”

November 6, 2023November 5, 2023 By Adonis Hoffman, Esq.

FCC Ready To Ramp Up Rulemaking on Two Key Issues

The Federal Communications Commission (FCC) is one of the most important regulatory agencies in America, and perhaps the world. It is home to scores of talented, dedicated, and hard-working engineers, economists, and legal experts who have eschewed private-sector lucre for selfless public service.

With statutory authority to regulate the nation’s communications systems, devices, and technology, the FCC has power to approve or deny mergers; levy fines and penalties; bring suit; award licenses and contracts; allocate spectrum; conduct hearings and inquiries; establish standards and codes; and promulgate regulations governing television, radio, telephone, wireless, mobile, Internet, cable, satellite, and international services in the multibillion-dollar telecom, media, and technology sector.