WASHINGTON, D.C. — In the words of David Inserra, a “fellow for free expression and technology” at the Cato Institute, “the FCC is correct that Congress and the courts have allowed the agency to wield power that can trample broadcasters’ expressive rights.”
Fortunately, he adds, the Commission’s own Public Notice that “reminds broadcasters of their public interest obligations” also illustrates “how weak the case for that power is, both technically and constitutionally.”