MODELS OF ACCOMMODATION: ISSUES IN BROADCAST CENSORSHIP

The complexities of the broadcast industry have historically created numerous instances of self-censorship and non-statutory prior restraint. The motivations behind such actions have stemmed from two main sources: fear of government intervention and fear of economic loss. This work examines the broadcast censorship issue as political activity--as process, rather than value.A model of accommodation is defined here as a process of compromise, adjustment, conforming to, various elements within the system. The Family Viewing Hour suit offers a "model of accommodation" for examination. The suit introduces an instance of prior restraint on constitutionally protected speech under the guise of industry response to public concern over television programming. In Writers Guild of America v. FCC, the court found that the Family Viewing Hour policy, ostensibly an exemplary attempt at self-regulation, was adopted by the networks as a direct result of FCC pressure. While not a landmark decision in terms of broadcast law, the case is significant as a demonstration of the various influences at work in the television regulation process.This research demonstrates that the Family Viewing Hour case is not an isolated instance of a model of accommodation. After an introduction of the concept of "models of accommodation" in chapter one, chapter two provides the historical background of broadcast regulation. Industry attitudes, Congressional hearings, and FCC concern for the suitability of programming for family viewing provide the background for the examination of early Family Viewing Hour models. It is argued that the Family Viewing policy is actually a product of the style of self-regulation adopted by the broadcast industry in this country.The third chapter provides an in-depth examination of the case Writers Guild of America v. FCC. The focus of this chapter is on the process, that is, the interaction between Congress, the FCC, the networks and the NAB in developing this model of accommodation. The issue of governmental or state action as applied and tested in the courts is provided to gain some insight into the constitutional argument handled in this case.The models of accommodation developed in this work organize a pattern of regulatory behavior with a special emphasis on the outcome of this behavior. This research suggests a strategy to approach the examination of communication patterns between various elements of the policy making factions while providing an examination of the broader issue of limitations placed on freedom of speech.Television has become our foremost forum for free speech. The degree of control over programming exercised by the three major networks and the NAB suggests that these groups acting together could easily dominate the television forum and therefore determine the ideas and modes of expression seen and heard by the American people. The censorship issue involved in this case is extended to the broader question of access to the media. The dissertation concludes with an examination of the access issue, reflecting on the economic, legal, social and political aspects of this question.In the final analysis, freedom of expression in the field of broadcasting today cannot be stated in absolute terms. As long as the demand for television access exceeds the supply of channel space, some system of priorities must be established and administered by someone granting or witholding this right. Ultimately, the decisions made in this area of regulation must be made in keeping with the overriding consideration of the public's interest in free and robust debate. This research suggests that decision-making via a process of private accommodation is more insidious than government regulation because it takes place outside of the public arena.