JOU 4380 Lecture Notes - Lecture 8: Intermediate Scrutiny, Vertical Limit, Cable Act
29 Mar 2017
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Pr = explanation of business concerns to public, requires laws affecting communication and management. Speech by a corporation on issues of importance to society and that is not tied directly to the promotion of the corporation"s products or services. First national bank of boston v. bellotti (1978) Used 3rd prong of central hudson test. Court ruled that there are certain limitations to this aspect of the first amendment. Fcc"s requirement led to balanced, open discussion. 1992 cable act directed fcc to impose ownership limits to make sure cable operators won"t have so much power as gatekeepers that they are able to prevent unpopular views from being heard. Also gave the fcc the authority to review complaints about anti-competitive behavior when cable operators negotiate with cable networks. Fcc vertical ownership rules state that no more than 40% of a cable system"s first 75 channels may be used for programming affiliated with the system"s owner.
