Communications Law

Communications law, also known as media law, concerns itself with the regulation of media. Media can be divided into two broad categories: Print media and telecommunications media. Print media includes books, magazines and newspapers while telecommunications media includes radio, television, internet, wire, cable and satellite. Because telecommunications media goes beyond state boundaries, the federal government is responsible for setting rules and standards, which it does through the Federal Communications Commission.

The Federal Communications Commission (FCC) is an independent government agency comprising five commissioners appointed by the President and confirmed by the senate. It is responsible for regulating all telecommunications media within the U.S. and internationally. The FCC came into existence through the Communications Act of 1934, with jurisdiction in all 50 states and the District of Columbia. The FCC has seven bureaus that are organized by function. Some of their responsibilities include: licensing, emergency preparedness, enforcing communications acts, presiding over hearings, and conducting investigations.

While Congress has also been vested with the power to control free speech in some instances and maintain a healthy balance in print media, the first amendment to the U.S. Constitution protects ‘freedom of the press.’ All people, including news agencies, have the right to express their opinions in writing or any other creative form. Many federal and state statutes exist to protect the first amendment. One such act is The Freedom of Information Act (FOIA). The FOIA act gives the general public the right to access U.S. government records. This puts the onus on the U.S. government to take responsibility for any decisions made regarding information withheld or banned from the public.

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