All Academic, Inc. Research Logo

Info/CitationFAQResearchAll Academic Inc.
Document

Access to the Media Versus Access to Audiences: The Distinction and its Implications for Media Regulation and Policy
Unformatted Document Text:  22 Amendment standpoint. Conceivably the arguments and analysis could have focused instead on (or at least given equal prominence to) the issue of the First Amendment rights of speakers from an affirmative standpoint – and the extent to which monopolies in local cable markets potentially infringed on the First Amendment rights of broadcasters by limiting their access to audiences. Applying an access to audiences analytical framework provides a distinct interpretive lens for other media policy areas as well. Consider, for instance, policies such as multiple- or cross-ownership restrictions or license allocation preferences. Ownership restrictions, for instance, can be thought of as restrictions on the access to audiences for certain speakers in order to promote access to audiences for other speakers. Similarly, license allocation preferences (such as the now-defunct minority and gender broadcast licensing preferences) could be thought of as increasing the level of access to audiences for certain categories of speakers – though such a preference necessarily reduces other categories of speakers’ abilities to reach audiences. Certainly, the key question that arises from this approach involves when – and to what extent – is it appropriate to restrict some speakers’ access to audiences in the name of preserving or promoting other speakers’ access to audiences? The courts have not, at this point, provided clear and explicit guidance to policymakers in terms of when and to what extent such denials of access are permissible. However, it would appear that such denials of access to audiences can potentially survive judicial scrutiny. What is particularly interesting is that policies that have reduced certain speakers’ levels of access to audiences have, in some instances, survived First Amendment scrutiny despite the fact that potentially the most powerful argument on their behalf has been largely neglected. As was illustrated above, the concept of a right of access to the media generally has been developed and applied with an emphasis on the benefits that accrue to viewers or listeners from the granting of such access rights. Thus, a right of media access generally has been premised more on the First Amendment rights of viewers/listeners than it has upon the First Amendment rights of speakers. This history of justifying a speaker’s right of access to the media in terms of collectivist values weakens such access policies from a First Amendment standpoint. This is due largely to the fact that the collectivist interpretation of the First Amendment is not

Authors: Napoli, Philip.
first   previous   Page 22 of 24   next   last



background image
22
Amendment standpoint. Conceivably the arguments and analysis could have focused instead on (or at
least given equal prominence to) the issue of the First Amendment rights of speakers from an affirmative
standpoint – and the extent to which monopolies in local cable markets potentially infringed on the First
Amendment rights of broadcasters by limiting their access to audiences.
Applying an access to audiences analytical framework provides a distinct interpretive lens for
other media policy areas as well. Consider, for instance, policies such as multiple- or cross-ownership
restrictions or license allocation preferences. Ownership restrictions, for instance, can be thought of as
restrictions on the access to audiences for certain speakers in order to promote access to audiences for
other speakers. Similarly, license allocation preferences (such as the now-defunct minority and gender
broadcast licensing preferences) could be thought of as increasing the level of access to audiences for
certain categories of speakers – though such a preference necessarily reduces other categories of speakers’
abilities to reach audiences. Certainly, the key question that arises from this approach involves when –
and to what extent – is it appropriate to restrict some speakers’ access to audiences in the name of
preserving or promoting other speakers’ access to audiences? The courts have not, at this point, provided
clear and explicit guidance to policymakers in terms of when and to what extent such denials of access are
permissible. However, it would appear that such denials of access to audiences can potentially survive
judicial scrutiny.
What is particularly interesting is that policies that have reduced certain speakers’ levels of access
to audiences have, in some instances, survived First Amendment scrutiny despite the fact that potentially
the most powerful argument on their behalf has been largely neglected. As was illustrated above, the
concept of a right of access to the media generally has been developed and applied with an emphasis on
the benefits that accrue to viewers or listeners from the granting of such access rights. Thus, a right of
media access generally has been premised more on the First Amendment rights of viewers/listeners than it
has upon the First Amendment rights of speakers. This history of justifying a speaker’s right of access to
the media in terms of collectivist values weakens such access policies from a First Amendment
standpoint. This is due largely to the fact that the collectivist interpretation of the First Amendment is not


Convention
All Academic Convention is the premier solution for your association's abstract management solutions needs.
Submission - Custom fields, multiple submission types, tracks, audio visual, multiple upload formats, automatic conversion to pdf.
Review - Peer Review, Bulk reviewer assignment, bulk emails, ranking, z-score statistics, and multiple worksheets!
Reports - Many standard and custom reports generated while you wait. Print programs with participant indexes, event grids, and more!
Scheduling - Flexible and convenient grid scheduling within rooms and buildings. Conflict checking and advanced filtering.
Communication - Bulk email tools to help your administrators send reminders and responses. Use form letters, a message center, and much more!
Management - Search tools, duplicate people management, editing tools, submission transfers, many tools to manage a variety of conference management headaches!
Click here for more information.

first   previous   Page 22 of 24   next   last

©2012 All Academic, Inc.