Research: Free Speech And Video Regulation
The Deregulatory First Amendment: How Video Competition and Free Speech Will Reduce Regulation
The Free State Foundation
Seth L. Cooper
March 25, 2010
Cooper’s article focuses on his belief that the constitutional principle of protecting free speech eventually will lead to deregulation of video content. He cited a federal court case in early March backing the FCC’s authority to make regulatory rulings in the “video marketplace.” However, Cooper believes the victory for the FCC will be short term as other courts are trying cases based on new facts related to video. He believes the First Amendment will release regulatory authority over the video marketplace in the future.
The article examines three specific cases pitting the FCC against Cablevision. The cases cover the exclusivity ban for cable programming; dynamic markets and the First Amendment as it relates to video.
Cooper believes the current video marketplace is not suited for video regulation from the 1990s. He contends that the emergence of a vibrant video market via broadband and mobile delivery make old rules more difficult to justify and that the First Amendment will be at the center of thwarting such regulation.
The full article is here.
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