Media & Communications Policy – Issues & Developments in the Realm of Communications and Media Policy & The First Amendment

April 18, 2024April 17, 2024 By Stuart N. Brotman

Local Approach May Be Key to Combating Digital Discrimination

Remember when the “digital divide” was developed as a shorthand to describe those Americans who had broadband network access compared to those who did not? Clearly, in a society that revolves around digital technologies and content, being on the wrong side of that divide may mean fewer educational, professional, and personal opportunities.

The good news for many Americans is that the number of persons without access to high-speed broadband at home continues to shrink. Clearly, there is a way to go to achieve near-universal broadband access, but the trend line is pointing in the right direction.

December 15, 2023December 14, 2023 By Stuart N. Brotman

Threats on Campuses Need To Be Dealt With Directly

The recent explosive congressional hearing with presidents from among some of the nation’s most elite universities – Harvard, MIT, and the University of Pennsylvania – nearly broke the Internet. All three academic leaders could not clearly state that advocating genocide against Jews might violate their campus codes of conduct. Politicians of all stripes – along with students, faculty, alumni, and prominent donors – were shocked that what seemed like something defined by a bright line of morality would be portrayed as requiring nuance in response.

Elizabeth Magill, Penn’s president, created the most memorable soundbite while under intense questioning by Rep. Elise Stefanik, (R-N.Y.). When asked by Stefanik whether calling for the genocide of Jews constituted bullying or harassment, Magill soberly replied, “It is a context-dependent decision, congresswoman.”

December 6, 2023December 5, 2023 By Stuart N. Brotman

Henry Kissinger: RIP for America’s First TV Diplomat

“Hang up the phone and come by my office now so we can chat.” Whenever I heard those words in that familiar German-inflected low register, I knew that it was time for a quick ride down the elevator at The Museum of Television & Radio in New York, then a brisk walk from there on 52nd Street to meet Henry Kissinger a few blocks away at his Park Avenue office.

Dr. Kissinger was a close friend of the museum’s founder, William S. Paley, the legendary chairman and CEO of CBS. He was an original member of its Board of Trustees, and remained involved in that capacity until his recent death at 100 years old. Kissinger was not just another name on the illustrious roster that graced our letterhead, either; after all, he didn’t need to be there to burnish his resume.

November 21, 2023November 21, 2023 By Adonis Hoffman, Esq.

Why Self-Regulation Is Best for Artificial Intelligence

As the Biden Administration seeks to get its arms around the global phenomenon that is artificial intelligence, it should recognize a few realities.

First, artificial intelligence (AI) is more than an idea whose time has come – it is indelibly written into the fabric of our society. AI has grown from a theoretical, academic concept to an indispensable tool in just about every sector imaginable. It has become ubiquitous and universal, transforming commerce, culture, industry, and individual lives the world over, fostering a new era of innovation.

November 16, 2023November 16, 2023 By Stuart N. Brotman

Soundbite-Happy Media Get ‘Genocide’ Wrong

Here’s what three-time Oscar nominee Mark Ruffalo, who as “The Hulk” plays a prominent role in the Marvel Cinematic Universe, posted on Twitter (now X) in 2021:

“I have reflected & wanted to apologize for posts during the recent Israel/Hamas fighting that suggested Israel is committing ‘genocide.’ It’s not accurate, it’s inflammatory, disrespectful & is being used to justify antisemitism here & abroad. Now is the time to avoid hyperbole.”

November 6, 2023November 5, 2023 By Adonis Hoffman, Esq.

FCC Ready To Ramp Up Rulemaking on Two Key Issues

The Federal Communications Commission (FCC) is one of the most important regulatory agencies in America, and perhaps the world. It is home to scores of talented, dedicated, and hard-working engineers, economists, and legal experts who have eschewed private-sector lucre for selfless public service.

With statutory authority to regulate the nation’s communications systems, devices, and technology, the FCC has power to approve or deny mergers; levy fines and penalties; bring suit; award licenses and contracts; allocate spectrum; conduct hearings and inquiries; establish standards and codes; and promulgate regulations governing television, radio, telephone, wireless, mobile, Internet, cable, satellite, and international services in the multibillion-dollar telecom, media, and technology sector.

October 11, 2023 By Stuart N. Brotman

The Important Formative Years of a Legendary First Amendment Advocate

The new PBS “American Masters” documentary, Floyd Abrams: Speaking Freely, chronicles legendary First Amendment lawyer Floyd Abrams. It largely focuses on the amazing trajectory of his career in this vital area of constitutional law.

As a young law firm associate on Wall Street, Abrams was a pivotal member of the legal team that successfully argued before the U.S. Supreme Court that the national security concerns advanced by the U.S. Department of Justice did not justify a publication prior restraint of the Pentagon Papers by The New York Times.

September 15, 2023 By Stuart N. Brotman

U.S. Needs an Urgent Action Plan To Save Presidential Debates

The modern norm of televised presidential debates may not survive our highly polarized political environment, unless a new action plan is established soon to ensure this staple of American electoral life continues in 2024.

In 1960, on a one-time-only basis, Congress enabled the historic Kennedy-Nixon debates to take place. The law it suspended – Section 315(a) of the Communications Act of 1934, which required “equal opportunities” for all candidates – subsequently resumed in full force. As a result, there were no presidential debates in 1964, 1968, or 1972.

September 8, 2023September 7, 2023 By Stuart N. Brotman

Explicitly Addressing College Self-Censorship in the New Academic Year

With the beginning of the college academic year, those of us teaching this fall are drafting various course syllabi – seeing what might be worth revisiting, such as new readings that might be added.

But all too often, the upfront syllabus boilerplate sections are overlooked since they are cut and pasted from previous versions of the same course or similar ones. Unfortunately, a section dealing with free expression in the classroom is missing in many.

August 3, 2023August 23, 2023 By Stuart N. Brotman

Congress Needs Real Intelligence To Address Artificial Intelligence

In our age of hyper-partisan politics, one area that seems to be attracting notable bipartisan congressional concern, including various potential legislative approaches, is the real-time development and implementation of artificial intelligence. AI’s reach across many economic sectors and its effect on education, medical research, and national security poses complex legal, social, and moral questions that need to be addressed.

The Senate’s hearings in May clearly demonstrated that Democrats and Republicans were eager to learn more. As Sen. Josh Hawley (R-Mo.) noted, “We could be looking at one of the most significant technological innovations in human history.” At the other end of the political spectrum, Sen. Dick Durbin (D-Ill.) clearly agreed with Hawley’s assessment regarding what is at stake. “The magnitude of the challenge … is substantial. I’m not sure that we respond quickly and with enough expertise to deal with it.”