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

March 13, 2025March 13, 2025 By Guest Author Curtis LeGeyt

Local Broadcasters Need Level Playing Field To Compete, Innovate, Serve the Public

America’s broadcasters are beacons of our democracy. Every day, they exercise their First Amendment right to report, inform, and help citizens understand the issues that affect their daily lives.

And let’s face it: This is a challenging time to be a broadcast journalist. As the truth competes with falsehoods on social media and political polarization gets the headlines, exercising our First Amendment right to inform the public and provide the facts has never been more challenging – or essential.

March 6, 2025March 6, 2025 By Stuart N. Brotman

Government Should Have No Role in Policing News Distortions

In early February, CBS News complied with an FCC request to hand over the raw footage and transcript from an October 2024 interview with Democratic presidential candidate Kamala Harris. The FCC has re-opened a closed file of a complaint that alleges CBS doctored the interview.

President Trump has already weighed in with his conclusion in a Truth Social post – CBS “defrauded the public,” he claims, and the network “should lose its license.”

February 28, 2025February 27, 2025 By Michael O'Rielly

A Mississippi City’s First Amendment Folly

William Faulkner, the great American writer, is famously and perhaps incorrectly attributed the quote, “To understand the world, you must first understand a place like Mississippi.” My knowledge of the state is mostly based on the wonderful, bright, and soulful individuals from the state whom I’ve worked with over the years. That is why it’s so troubling to see Mississippi’s name dragged through the proverbial mud because of a deeply troubling First Amendment encroachment that occurred last week. The fight, leading to a legal challenge, is over an editorial a local newspaper issued criticizing a Mississippi city council’s action.

January 22, 2025 By Michael O'Rielly

Lifeline 988 Texting: Let Industry Innovate

Since becoming operational in 2022, the short code telephone number 988 has been a literal lifesaver with over 10 million callers reaching out with hope of stopping human suicides. With this success, system expansions have been proposed to make it more effective and save even more individuals. The latest proposition – georouting 988 texts to more localized suicide crisis centers – has generated broad support among most interested parties.

If there is any concern or reluctance to georouting 988 texts, it primarily rests with whether the government should impose mandates to execute the necessary steps. This is especially true when the technological specs haven’t been fully developed or adopted by industry yet. Indeed, government requirements could be unnecessary and potentially counterproductive. To the extent that increased precision of 988 for texts provided by georouting is appropriate, the private sector should maintain maximum flexibility over the when and how.

December 4, 2024December 3, 2024 By Adonis Hoffman, Esq.

A New Era at the FCC: What’s Ahead

Media have become more important and invasive in our lives than ever. Whether online, TV, video, wireless, or wearable devices, Americans can’t seem to survive more than a few minutes without them.

It thus stands to reason that a newly established Federal Communications Commission led by incoming Chairman Brendan Carr will expand the agency’s reach into areas where more and more Americans are engaged. As such, it could become as important and involved in our lives as the very media it regulates.

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.