Revitalizing First Amendment Protection For Electronic Speech
In the October 2002 issue of the Duke Law Journal, University of Texas Law Professor Stuart Benjamin notes that the Supreme Court has allowed regulation of radio and television content due to a “physical scarcity” of frequencies. While opening the door to government control of broadcast speech, including the “fairness doctrine” and “equal time rule,” Benjamin argues that the physical scarcity doctrine ought to be used to strike down regulations that create additional scarcity. This would allow excluded speakers—perhaps, community organizations seeking to operate low-power FM radio stations, or entrepreneurs unable to gain permits to deploy new wireless technologies—to use First Amendment law to challenge barriers erected by the spectrum allocation system.
| 9:30 - 10:00 A.M. | Registration |
| 10:00 - 10:05 A.M. | WELCOMING REMARKS Peter Huber, Senior Fellow, Manhattan Institute |
| 10:05 - 10:10 A.M. | PANELIST INTRODUCTIONS Thomas Hazlett, Senior Fellow, Manhattan Institute |
| 10:10 - 10:40 A.M. | A POSITIVE PROGRAM FOR THE PHYSICAL SCARCITY DOCTRINE Stuart Benjamin Rex G. & Edna Baker Professor of Law, University of Texas Law School |
| 10:40 - 11:20 A.M. | COMMENTARY Gigi B. Sohn President and Co-Founder, Public Knowledge Scott Bullock Senior Attorney, Institute for Justice Glen O. Robinson David A. Harrison Professor of Law, University of Virginia Law School Thomas G. Krattenmaker Senior Counsel, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo PC |
| 11:20 - 11:45 A.M. | QUESTIONS & ANSWERS |
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