Media Structure, Ownership Policy, and the First Amendment – Commentary by C. Edwin Baker

From Volume 78, Number 3 (March 2005)
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Ever since Mark Fowler’s 1982 article laid down the gauntlet to those who favor structural media regulation, legal academia has produced a host of free market acolytes advancing his views. These young academics increasingly dominate media law teaching and the FCC. Professor Christopher Yoo is one of this group’s best (as well as a personal friend). This short Comment on his article, Architectural Censorship and the FCC, is written not because I consider it uniquely objectionable, but rather because its fundamental errors and characteristic distortions are representative of this influential group of scholars. This Comment will start with observations about Yoo’s policy and economic analyses and then conclude with a critique of his desired constitutional regime.


 

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