Federal Communications Law Journal

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Screen-agers ... and the decline of the "wasteland.".(television)
Newton Minow himself tells the story that the two words from his 1961 speech to the National Association of Broadcasters he originally thought would stand the test of time were not "vast wasteland," . . .

Measuring quality television.
I have read Newton Minow's famous speech, "Television and the Public Interest," (1) and I decided to assess how (or indeed, whether) the United States's broadcasting industry successfully responded . . .

Manhattan.(1961 "vast wasteland" speech by Newton Minow)
WHAT'S THE PROBLEM? There is a remarkable difference between television in 1961, when Newton Minow delivered his great "Vast Wasteland" speech, (1) and television in the current era. The differenc . . .

I want my C-SPAN.
A few years ago, Brian Lamb, the founder and public face of C-SPAN, was asked during an interview about Newton Minow's famous indictment of American television. If anyone in the communications indus . . .

The "vast wasteland" in retrospect.(1961 speech on television by Newton Minow)
First, a disclosure: I was a newly minted legal assistant to Newton Minow in May 1961, when the speech was given. (1) I and several other staff members had sought to persuade him to drop the "vast w . . .

How do we make goodness attractive?(children's television)(Transcript)
Prior to his death, Fred Rogers agreed to contribute this Essay, excerpted from the remarks and the acceptance speech he gave in 1999 at his induction into the Television Hall of Fame, in recognitio . . .

A diversity of voices in a "vast wasteland".(television )
I believe Newton N. Minow had a crystal ball. In 1961, in his first speech as Chairman of the Federal Communications Commission ("FCC"), he challenged members of the National Association of Broadc . . .

Family-friendly programming: providing more tools for parents.
Since then-Chairman of the Federal Communications Commission Newton Minow dubbed television a "vast wasteland" in 1961, the medium has changed dramatically. Consumers today have so many programs fro . . .

Electronic oases take root in Mr. Minow's vast wasteland.(television)
The famous "Vast Wasteland" speech that Federal Communications Commission ("FCC") Chairman Newt Minow delivered to a roomful of broadcast industry partisans in 1961 has influenced telecommunications . . .

Good news for good news: excellent television journalism benefits networks and our society.
Newton Minow told broadcasters in 1961 that more news and public affairs programming would help erase the vast wasteland of television. (1) He was wrong. Forty years later, a television viewer can w . . .

Coming of age in Minnesota.(television coverage of memorial service for Sen. Paul Wellstone)
Some years ago, I spoke at a conference on privacy, hosted by the now-defunct Freedom Forum Pacific Coast Center in Oakland, California. (1) My fellow panelists and I spent about two hours discuss . . .

Forty years of wandering in the wasteland.(television)
For the first time in human history we have available to us the ability ... to furnish entertainment, instruction, widening vision of national problems and national events. An obligation rests on us . . .

Promoting the public interest in the digital era.
The issue posed is whether in today's media environment, the public interest is better served than at the time of the "Vast Wasteland" speech. (1) Clearly, it is in some important respects. For exam . . .

TV: a vast oasis of public interest programming.
A presidential candidate once asked: "Are you better off now than you were four years ago?" The American people answered with a resounding "No." (1) Today's question is, "Is the American public be . . .

From Vast Wasteland to electronic garden: responsibilities in the new video environment.
Newton Minow's "Vast Wasteland" speech (1) set a tone for his tenure at the Federal Communications Commission ("FCC"), and will forever be associated with Minow's very distinguished legal career. It . . .

Whatever happened to local news?: the "vast wasteland" reconsidered.(1961 speech by Newton Minow)
Though the speech and phrase were then only six years old, I remember first reading Newton Minow's already classic remarks while taking Telford Taylor's class on communication law at Yale Law School . . .

A vast ye wasteland: reflections on America's most famous exercise in "public interest" piracy.(1961 speech by Newton Minow)
You have to admire Newton Minow. You really do. On May 9, 1961, JFK's youthful FCC Chairman strode confidently to the podium at the National Association of Broadcasters Convention and delivered a st . . .

The "Vast Wasteland" revisited: headed for more of the same?(Newton Minow's 1961 speech)
Things change, but still they stay the same. The broadcast world was in many respects a very different place when the legendary Newton Minow gave his "Vast Wasteland" speech in 1961. At that time, t . . .

Minow and the "Wasteland": time, manner, and place.(Newton Minow)
A chance to reflect on Newton Minow's speech brings three things to mind: the speech itself; the manner of speech-giving by Federal Communications Commission ("FCC") chairs and commissioners; and a . . .

The "Vast Wasteland" speech revisited.(Newton Minow, 1961)
It is fascinating to reread the "Vast Wasteland" speech--Newt Minow's first major policy utterance as the "new frontiersman" assumed the helm at the Federal Communications Commission ("FCC" or "Comm . . .

Minow's viewers: understanding the response to the "vast wasteland" address.(Newton N. Minow)
On May 9, 1961, Newton N. Minow, the new chairman of the Federal Communications Commission ("FCC" or "Commission"), gave what is probably the most famous speech ever delivered by the head of an Amer . . .

Promoting innovation to prevent the Internet from becoming a wasteland.
Images of a wasteland abound in our political, economic, and cultural vocabulary. T.S. Eliot, in his famous poem, was drawing on religious representations of a land rendered barren by God's wrath. ( . . .

The role of the Federal Communications Commission on the path from the vast wasteland to the fertile plain.
In 1961, Federal Communications Commission ("FCC" or "Commission") Chairman Newton Minow expressed a lack of confidence in the services provided by broadcasters. (1) He challenged people to sit in f . . .

Revisiting the vast wasteland.(Interview)
On May 9, 1961, Newton N. Minow gave his first public address as Chairman of the Federal Communications Commission ("FCC" or "Commission"). (1) Little was known at that time about the new Chairman, . . .

Television and the public interest.(Speech Before the National Association of Broadcasters, May 9, 1961)(Reprint)(Transcript)
Thank you for this opportunity to meet with you today. This is my first public address since I took over my new job. When the New Frontiersmen rode into town, I locked myself in my office to do my h . . .

In memoriam.(television personality Fred Rogers)(Brief Article)(Testimonial)
FRED ROGERS (1928-2003) We have lost one of television's most beloved and familiar personalities with the death of Fred Rogers on February 27, 2003. He was known to millions of American children . . .

Editor's note.
Welcome to the third issue of Volume 55 of the Federal Communications Law Journal. Volume 55 marks the tenth anniversary of the co-publishing arrangement between the Federal Communications Bar Assoc . . .

Encryption regulation in the wake of September 11, 2001: must we protect national security at the expense of the economy?
I. INTRODUCTION II. HISTORY OF ENCRYPTION A. What Is Encryption? B. Background on Encryption C. Recent Encryption Advancements D. Use of Encryption by Business and the Service . . .

Avoiding slim reasoning and shady results: a proposal for indecency and obscenity regulation in radio and broadcast television.
I. INTRODUCTION A. The Citadel Case B. The Road Ahead II. THE CONSTITUTION, OBSCENITY, AND INDECENCY A. The Constitution B. Obscenity C. Indecency 1. Federal Commu . . .

From diversity to duplication: mega-mergers and the failure of the marketplace model under the Telecommunications Act of 1996.
I. INTRODUCTION II. HISTORY OF OWNERSHIP REGULATION OF RADIO STATIONS BEFORE AND AFTER THE 1996 TELECOMMUNICATIONS ACT A. Policy Justifications 1. The Early Years and the Trustee . . .

Access to local rights-of-way: a rebuttal.(response to Christopher R. Day, Federal Communication, vol. 54. p. 461, 2002 )
I. INTRODUCTION II. SECTION 253 WAS NOT INTENDED TO PREEMPT LOCAL AUTHORITY A. Right-of-Way Fees Are Not Limited to Costs B. Differential Compensation Is Not Discriminatory C. . . .

The legacy of the Federal Communications Commission's computer inquiries.
I. INTRODUCTION II. COMPUTER I (1966) A. The Setting 1. A Better Mouse Trap 2. Western Union 3. Big Iron and New Networks B. The Issue C. The Policy . . .

Editor's note.
Welcome to the second issue of Volume 55 of the Federal Communications Law Journal. This issue presents a diversity of topics that we hope educates and opens the door for debate among our readership . . .

Ruling the Root.(Book Review)
Ruling the Root, Milton L. Mueller, Cambridge, Mass.: MIT Press, 2002, 301 pages. In the spring of 1998, the U.S. government told the Internet: Govern yourself. (1) This unfocused order--a blandis . . .

Veil of secrecy: public executions, limitations on reporting capital punishment, and the content-based nature of private executi
I. INTRODUCTION Few issues in America spark more robust debate and disagreement than capital punishment. The theoretical foundations of the penal system in this country (whether the role of the st . . .

Enhancing competition: are proposed Federal Communications Commission rules that treat local exchange carrier access to multiple
I. INTRODUCTION The Telecommunications Act of 1996 (1996 Act) (1) marks a fundamental change in the attitudes of Congress and the Federal Communications Commission ("FCC") toward local telephone e . . .

The U.S. Supreme Court addresses the Child Pornography Prevention Act and Child Online Protection Act in Ashcroft v. Free Speech
"Congress shall make no law ... abridging the freedom of speech." (1) I. INTRODUCTION A very difficult issue facing the United States is applying First Amendment rights in cyberspace. With the m . . .

The regulation of interactive television in the United States and the European Union.
I. INTRODUCTION The broadcasting industry is rapidly entering the era of digitization, distributed intelligence, and interactivity. Despite lingering standardization issues, digital transmission i . . .

Making and keeping regulatory promises.(multiyear telcommunications regulatory changes)
I. INTRODUCTION Multiyear regulatory commitments, or their absence, are an important part of the functioning of the telecommunications services and products industries. Most regulators were probab . . .

Editor's note.
Welcome to the first issue of Volume 55 of the Federal Communications Law Journal. The staff is very excited about the variety and quality of articles and notes in this issue. In our first Article . . .

Not in Front of the Children: "Indecency," Censorship, and the Innocence of Youth.
Not In Front of the Children, "Indecency," Censorship, and the Innocence of Youth, Marjorie Heins, New York: Hill and Wang, 2001, 402 pages. Marjorie Heins spent much of her career as a lawyer bat . . .

The digital divide and courtroom technology: can David keep up with Goliath?
I. INTRODUCTION The federal judiciary recently embraced the technological revolution. Select courts are now equipped with state-of-the-art technology to aid in trial presentations. Before the judi . . .

Carnivore, the FBI's e-mail surveillance system: devouring criminals, not privacy.
I. INTRODUCTION "Carelessness about our security is dangerous; carelessness about our freedom is also dangerous." (1) The obvious message of this statement is to be ever-mindful of the fine line b . . .

Injunctive relief in the Internet age: the battle between free speech and trade secrets.
I. INTRODUCTION The last century has seen substantial advances in communications, of which the Internet is only the most recent development. Each new medium, as it was introduced, changed . . .

Protecting the e-marketplace of ideas by protecting employers: immunity for employers under section 230 of the Communications De
I. INTRODUCTION Unlike the antiquated system of posting a defamatory flier on a signpost or publishing a slanderous article in the local newspaper, in today's Internet era, a spiteful person may p . . .

The concrete barrier at the end of the information superhighway: why lack of local rights-of-way access is killing competitive l
I. INTRODUCTION The Telecommunications Act of 1996 (1996 Act) (1) contained the promise of a deregulated national telecommunications market with unfettered competition in both the local and long-d . . .

Why ADCo? Why now? An economic exploration into the future of industry structure for the "last mile" in local telecommunications
Editor's Note: A version of this Article originally appeared as Phoenix Center Policy Paper No. 12. (1) I. INTRODUCTION It is now more than five years since the passage of the landmark Telecommu . . .

An efficiency analysis of contracts for the provision of telephone services to prisons.
I. INTRODUCTION The prison population in the United States has dramatically increased since the 1970s, and as recently as 1998, there were nearly two million inmates incarcerated in the United Sta . . .

FCC Lobbying: A Handbook of Insider Tips and Practical Advice.
FCC Lobbying: A Handbook of Insider Tips and Practical Advice, Erwin G. Krasnow, David R. Siddall, and Michael D. Berg, Washington: Telecommunications Reports International, 2001, 225 pages. This . . .

Indecent exposures in an electronic regime.
I. INTRODUCTION "The privacy that any computer user would and should and is justified in expecting is illusory; Big Brother shrunk to a miniature cyber spy always looms and never sleeps." (1) This . . .