Media law governs the creation, distribution, and regulation of information through print, broadcast, and digital channels. The NLGCDC has championed the rights of independent media organizations, community broadcasters, and journalists facing regulatory overreach since the landmark microradio battles of the late 1990s.
Core Areas of Media Law
Media law intersects with constitutional protections, federal regulatory frameworks, and emerging digital rights. Key areas include:
- Broadcast regulation: FCC licensing, content standards, and spectrum allocation affecting community radio stations
- First Amendment protections: Constitutional limits on government restrictions of press freedom and journalistic privilege
- Defamation and privacy: Balancing the right to publish with protections for individuals named in news coverage
- Digital media rights: Section 230 liability shields, platform content moderation, and online press freedom
- Shield laws: Journalist protections from compelled disclosure of confidential sources
FCC Regulation and Community Broadcasting
The Federal Communications Commission (FCC) regulates broadcast media in the United States under the Communications Act of 1934 and the Telecommunications Act of 1996. For community broadcasters, navigating FCC licensing requirements has historically posed significant barriers. The NLGCDC played a central role in challenging restrictive FCC enforcement actions against low-power FM (LPFM) stations, arguing that the public interest is best served by a diverse, locally-rooted media ecosystem.
The legal briefs published by the NLGCDC document key arguments in these regulatory battles, including the landmark Dunifer case which challenged the FCC's blanket prohibition on unlicensed broadcasting.
Media Law and Freedom of Expression
Media law in democratic societies draws its legitimacy from constitutional and international human rights frameworks. In the United States, the First Amendment prohibits Congress from making laws abridging freedom of the press. Internationally, freedom of expression is protected under Article 19 of the Universal Declaration of Human Rights and Article 10 of the European Convention on Human Rights.
The convergence of domestic media law and international human rights standards is increasingly significant as global platforms operate across jurisdictions and governments seek greater control over information flows.
Key Legislation in U.S. Media Law
- Communications Act of 1934: Established the FCC and the framework for broadcast regulation
- Telecommunications Act of 1996: Major deregulation of media ownership, with significant effects on local media diversity
- Digital Millennium Copyright Act (DMCA): Extended copyright law to digital media
- EARN IT Act / STOP CSAM Act: Recent proposals affecting platform liability and encrypted communications
Resources
For practitioners and advocates working in media law, the following resources provide essential context:
- NLGCDC Legal Briefs Archive — briefs filed in major communications law cases
- Communications Law Overview
- Freedom of Expression: International Frameworks