¿Restricciones liberales al poder privado?
Reflexiones sobre los orígenes y las justificaciones de la regulación del acceso a los medios de comunicación
Abstract
This article addresses some theoretical and historical questions concerning the regulation of access to the media. First, it surveys the liberal doctrines of the 16th and 17th centuries that inspired the distrust of the Framers of the American Constitution in both public and private power to control the access to media and, thereby, to public opinion. Secondly, it considers the effect of those liberal doctrines in the interpretation of the First Amendment by the Supreme Court. Thirdly, it develops an analysis of the influence of such doctrines in the principles that shaped the standards of the Federal Communications Commission (FCC) in broadcasting regulation.
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