The Secretary, Ministry Of ... vs Cricket Association Of Bengal & ... on 9 February, 1995
station license because "the public interest" requires it "is not a denial of free speech.
By the same token, as far as the First Amendment is concerned those who are
licensed stand no better than those to whom licenses are refused. A license permits
broadcasting, but the licensee has no constitutional right to be the one who holds the
license or to monopolize a radio frequency to the exclusion of his fellow citizenis.
There is nothing in the First Amendment which prevents the Govenunent from
requiring a licensee to share his frequency with others and to conduct himself as a
proxy or fiduciary with obligations to present those views and voices which are
representative of his community and which would otherwise, by necessity, be barred
from the airwaves.
This is not to say that the First Amendment is irrelevant to public broadcasting. On the contrary, it has a major role to play as the Congress itself recognized,
which forbids FCC interference with "the right of free speech by means of radio
communication.
Because of the scarcity of radio frequencies, the Government is permitted to put
restraints on licensees in favour of others whose views should be expressed on this
unique medium. But the people as a whole retain their interest in free speech by radio
and their collective right to have the medium function consistently with the ends and
purposes of the First Amenchnent. It is the right of the viewers and listeners, not the
right of the broadcasters, which is paramount... It is the purpose of the First
Amendment to preserve an uninhibited marketplace of ideas in which truth will
ultimately prevail, rather than to countenance monopolization of that market,
whether it be by the Government itself or a private licensee... It is the right of the
public to receive suitable access to social, political, esthetic, moral, and other ideas
and experiences which is crucial here. That right may not constitutionally be abridged
either by Congress or by the FCC... right on licensees to prevent others from
broadcasting on t 'their" frequencies and no right to an unconditional monopoly of a
scarce resource which the Government has denied others the right to use.
x x x x x x x Nor can we say that it is inconsistent with the First Amendment goal of
producing an informed public capable of conducting its own affairs to require a
broadcaster to permit answers to personal attacks occurring in the course of
discussing controversial issues, or to require that the political opponents of those
endorsed by the station be given a chance to communicate with the public.
Otherwise, station owners and a few networks would have unfettered power to make
time available only to the highest bidders, to com- municate only their own views on
public issues, people and candidates, and to permit on the air only those with whom
they agreed. There is no sanctuary in the First Amendment for unlimited private
censorship operating in a medium not open to all. "Freedom of the press from
governmental interference under the First Amendment does not sanction repression
Indian Kanoon - http://indiankanoon.org/doc/539407/
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