Here's a random thought that popped into my brain while I was showering this morning. I do not contend that it makes much sense, but…
In Red Lion v. FCC, the Court upheld the Fairness Doctrine because of physically limited spectrum. Combine that with @zeynep's view: 1/
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https://james.grimmelmann.net/files/articles/listeners-choices.pdf … and I’m working on a follow up specifically about today’s speech environment. A number of other legal scholars are working on it too. The whole Colorado symposium in which Listeners Choices was published is a good start, together with the pieces they cite.
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