red lion broadcasting fcc argued decided june together et al radio television news directors assn et certiorari appeals seventh circuit argued april federal communications commission fcc many years imposed broadcasters fairness doctrine requiring public issues presented broadcasters side issues given fair coverage fcc declared petitioner red lion broadcasting failed meet obligation fairness doctrine carried program constituted personal attack one cook ordered send transcript broadcast cook provide reply time whether cook pay appeals upheld fcc position commencement red lion litigation fcc began proceeding make personal attack aspect fairness doctrine precise readily enforceable specify rules relating political editorials rules adopted amended held unconstitutional appeals rtnda abridging freedoms speech press held history fairness doctrine related legislation shows fcc action red lion case exceed authority adopting new regulations fcc implementing congressional policy pp fairness doctrine began shortly federal radio commission established allocate frequencies among competing applicant public interest insofar affirmative obligation broadcaster see sides presented personal attack doctrine regulations differ fairness doctrine pp fcc statutory mandate see broadcasters operate public interest congress reaffirmation amendment communications act fcc view fairness doctrine inhered public interest standard support conclusion doctrine component personal attack political editorializing regulations legitimate exercise congressionally delegated authority pp fairness doctrine specific manifestations personal attack political editorial rules violate first amendment pp first amendment relevant public broadcasting right viewing listening public right broadcasters paramount pp first amendment protect private censorship broadcasters licensed government use scarce resource denied others pp danger licensees eliminate coverage controversial issues result personal attack political editorial rules best speculative event fcc authority guard danger pp nothing vague fcc specific ruling red lion case regulations issue employed precisely way fairness doctrine red lion necessary decide every aspect fairness doctrine decide cases problems involving extreme applications difficult constitutional questions dealt arise pp shown scarcity broadcast frequencies impelled governmental regulation entirely thing past new uses frequency spectrum kept pace improved technology efficient utilization spectrum pp roger robb argued cause petitioners brief donald kistler thomas sweeney solicitor general griswold argued cause federal communications commission petitioners respondents brief assistant attorney general mclaren deputy solicitor general springer francis beytagh henry geller daniel ohlbaum archibald cox argued cause respondents brief respondents radio television news directors assn et al theodore pierson harold david cohen vernon kohlhaas laurent scharff brief respondent national broadcasting lawrence mckay raymond falls corydon dunham howard monderer abraham ordover brief respondent columbia broadcasting system lloyd cutler roger wollenberg timothy dyk robert evans herbert wechsler briefs amici curiae urging reversal affirmance filed melvin wulf eleanor holmes norton american civil liberties union earle moore william ball office communication church christ et al albert woll laurence gold thomas harris filed brief american federation labor congress industrial organizations urging reversal justice white delivered opinion federal communications commission many years imposed radio television broadcasters requirement discussion public issues presented broadcast stations side issues must given fair coverage known fairness doctrine originated early history broadcasting maintained present outlines time obligation whose content defined long series fcc rulings particular cases distinct statutory requirement communications act equal time allotted qualified candidates public office two aspects fairness doctrine relating personal attacks context controversial public issues political editorializing codified precisely form fcc regulations two cases us decided separately challenge constitutional statutory bases doctrine component rules red lion involves application fairness doctrine particular broadcast rtnda arises action review fcc promulgation personal attack political editorializing regulations laid red lion litigation begun stand amended regulations read follows personal attacks political editorials presentation views controversial issue public importance attack made upon honesty character integrity like personal qualities identified person group licensee shall within reasonable time event later week attack transmit person group attacked notification date time identification broadcast script tape accurate summary script tape available attack offer reasonable opportunity respond licensee facilities provisions paragraph section shall applicable attacks foreign groups foreign public figures personal attacks made legally qualified candidates authorized spokesmen associated campaign candidates authorized spokesmen persons associated candidates campaign bona fide newscasts bona fide news interviews coverage bona fide news event including commentary analysis contained foregoing programs provisions paragraph section shall applicable editorials licensee note fairness doctrine applicable situations coming within specific factual situation may applicable general area political broadcasts see section act public notice applicability fairness doctrine handling controversial issues public importance categories listed specified section act licensee editorial endorses ii opposes legally qualified candidate candidates licensee shall within hours editorial transmit respectively qualified candidate candidates office ii candidate opposed editorial notification date time editorial script tape editorial offer reasonable opportunity candidate spokesman candidate respond licensee facilities provided however editorials broadcast within hours prior day election licensee shall comply provisions paragraph sufficiently far advance broadcast enable candidate candidates reasonable opportunity prepare response present timely fashion cfr identical believing specific application fairness doctrine red lion promulgation regulations rtnda authorized congress enhance rather abridge freedoms speech press protected first amendment hold valid constitutional reversing judgment rtnda affirming judgment red lion ii history emergence fairness doctrine related legislation shows commission action red lion case exceed authority adopting new regulations commission implementing congressional policy rather embarking frolic allocation frequencies left entirely private sector result chaos quickly became apparent broadcast frequencies constituted scarce resource whose use regulated rationalized government without government control medium little use cacaphony competing voices none clearly predictably heard consequently federal radio commission established allocate frequencies among competing applicants manner responsive public convenience interest necessity twofold duty laid fcc decisions described report editorializing broadcast licensees broadcaster must give adequate coverage public issues broadcasting coverage must fair accurately reflects opposing views new broadcasting radio reg must done broadcaster expense sponsorship unavailable cullman broadcasting radio reg moreover duty must met programming obtained licensee initiative available source john dempsey radio reg see metropolitan broadcasting radio reg evening news radio reg federal radio commission imposed two basic duties broadcasters since outset great lakes broadcasting ann rev grounds app cert dismissed chicago federation labor frc ann aff app kfkb broadcasting assn frc app particular respects personal attack rules regulations issue spelled greater detail personal attack made figure involved public issue doctrine cases red lion broadcasting radio reg also regulations issue rtnda require individual attacked offered opportunity respond likewise one candidate endorsed political editorial candidates must offered reply time use personally spokesman obligations differ general fairness requirement issues presented presented coverage competing views broadcaster option presenting attacked party side choosing third party represent side insofar obligation broadcaster see sides presented insofar affirmative obligation personal attack doctrine regulations differ preceding fairness doctrine simple fact attacked men unendorsed candidates may respond agents critical distinction indeed unreasonable fcc conclude objective adequate presentation sides may best served allowing closely affected make response rather leaving response hands station attacked candidacies endorsed opponents carried personal attack upon fairness doctrine finds specific recognition statutory form part modeled explicit statutory provisions relating political candidates approvingly reflected legislative history congress amended statutory requirement equal time accorded political candidate except certain appearances news programs added constituted exception obligation imposed upon act operate public interest afford reasonable opportunity discussion conflicting views issues public importance act september stat amending emphasis added language makes plain congress announced phrase public interest act since imposed duty broadcasters discuss sides controversial public issues words amendment vindicated fcc general view fairness doctrine inhered public interest standard subsequent legislation declaring intent earlier statute entitled great weight statutory construction principle given special force equally venerable principle construction statute charged execution followed unless compelling indications wrong especially congress refused alter administrative construction congress kept silence refusing overturn administrative construction ratified positive legislation thirty years consistent administrative construction left undisturbed congress construction expressly accepted reinforce natural conclusion public interest language act authorized commission require licensees use stations discussion public issues fcc free implement requirement reasonable rules regulations fall short abridgment freedom speech press censorship proscribed act objectives readily circumvented complementary fairness doctrine ratified section applies campaign appearances candidates family friends campaign managers supporters without fairness doctrine licensee ban campaign appearances candidates air proceed deliver station entirely supporters one slate candidates exclusion others way broadcaster far greater impact favored candidacy simply allowing spot appearance candidate fairness doctrine aspect obligation operate public interest rather prohibits broadcaster taking step legislative history reinforces view effect amendment even language relevant added senate report amending noted broadcast frequencies limited therefore necessarily considered public trust every licensee fortunate obtaining license mandated operate public interest assumed obligation presenting important public questions fairly without bias see also specifically adverting federal communications commission doctrine rather leave approval solely legislative history senator proxmire suggested amendment make part act cong rec amendment senator pastore manager bill ranking member senate committee considered rather surplusage cong rec constituted positive statement doctrine altered present merely approving language conference committee explaining language senate committee changes senator pastore said insisted provision remain bill continuing reminder admonition federal communications commission broadcasters alike abandoning philosophy gave birth section giving people right full complete disclosure conflicting views news interest people country cong rec senator scott another senate manager added intended encompass legitimate areas public importance controversial politics cong rec true personal attack aspect fairness doctrine actually adjudicated congress rules specifically however obligation offer time reply personal attack presaged fcc report editorializing fcc views principal summary ratio decidendi cases area determining whether honor specific requests time station inevitably confronted questions whether may available groups individuals might appropriate spokesmen particular point view person making request latter personal involvement controversy may also factor must considered elementary considerations fairness may dictate time allocated person group specifically attacked station otherwise obligation exist light fact public interest broadcasting clearly encompasses presentation vigorous debate controversial issues importance concern public fact fcc rested upon language inception doctrine issues must discussed fairly fact congress acknowledged analogous provisions preclusive area knowingly preserved fcc complementary efforts think fairness doctrine component personal attack political editorializing regulations legitimate exercise congressionally delegated authority communications act notable precision substantive standards respect explicit provisions doctrine rules issue closely modeled upon section far explicit generalized public interest standard commission ordinarily finds sole guidance held broad adequate standard fcc rca communications national broadcasting fcc pottsville broadcasting frc nelson bros bond mortgage say fcc declaratory ruling red lion regulations issue rtnda beyond scope congressionally conferred power assure stations operated whose possession license serves public interest iii government may limit use equipment potentially noisy drowns civilized private speech may government limit use broadcast equipment right free speech broadcaster user sound truck individual embrace right snuff free speech others associated press two people converse face face speak either clearly understood range human voice limited meaningful communications half people talking half listening clearly half people might publish half read reach radio signals incomparably greater range human voice problem interference massive reality lack equipment may keep many air tiny fraction resources intelligence hope communicate radio time intelligible communication even entire radio spectrum utilized present state commercially acceptable technology fact chaos ensued permitting anyone use frequency whatever power level wished made necessary enactment radio act communications act noted length national broadcasting reality least necessitated first division radio spectrum portions reserved respectively public broadcasting important radio uses amateur operation aircraft police defense navigation subdivision portion assignment specific frequencies individual users groups users beyond however frequencies reserved public broadcasting limited number essential government tell applicants broadcast room substantially individuals want broadcast frequencies allocate idle posit unabridgeable first amendment right broadcast comparable right every individual speak write publish persons want broadcast licenses frequencies allocate may right license effective communication radio licensed rest must barred airwaves strange first amendment aimed protecting furthering communications prevented government making radio communication possible requiring licenses broadcast limiting number licenses overcrowd spectrum consistent view congress unquestionably power grant deny licenses eliminate existing stations frc nelson bros bond mortgage one first amendment right license monopolize radio frequency deny station license public interest requires denial free speech national broadcasting token far first amendment concerned licensed stand better licenses refused license permits broadcasting licensee constitutional right one holds license monopolize radio frequency exclusion fellow citizens nothing first amendment prevents government requiring licensee share frequency others conduct proxy fiduciary obligations present views voices representative community otherwise necessity barred airwaves say first amendment irrelevant public broadcasting contrary major role play congress recognized forbids fcc interference right free speech means radio communication scarcity radio frequencies government permitted put restraints licensees favor others whose views expressed unique medium people whole retain interest free speech radio collective right medium function consistently ends purposes first amendment right viewers listeners right broadcasters paramount see fcc sanders radio station fcc allentown broadcasting chafee government mass communications purpose first amendment preserve uninhibited ideas truth ultimately prevail rather countenance monopolization market whether government private licensee associated press new york times sullivan abrams holmes dissenting peech concerning public affairs essence garrison louisiana see brennan meiklejohn interpretation first amendment harv rev right public receive suitable access social political esthetic moral ideas experiences crucial right may constitutionally abridged either congress fcc terms constitutional principle enforced sharing scarce resource personal attack political editorial rules indistinguishable provision specific enactment congress requiring stations set aside reply time specified circumstances fairness doctrine constituent regulations important complements provision part law since radio act stat held valid obligation licensee relieving power way prevent censor broadcast thus insulating liability defamation constitutionality statute first amendment unquestioned farmers educ coop union wday say inconsistent first amendment goal producing informed public capable conducting affairs require broadcaster permit answers personal attacks occurring course discussing controversial issues require political opponents endorsed station given chance communicate public otherwise station owners networks unfettered power make time available highest bidders communicate views public issues people candidates permit air agreed sanctuary first amendment unlimited private censorship operating medium open freedom press governmental interference first amendment sanction repression freedom private interests associated press point however federal communications commission indicated possibility best speculative communications industry particular networks taken pains present controversial issues past even assert intend abandon efforts regard better fcc encouragement never necessary induce broadcasters meet responsibility experience administration doctrines indicates net effect reducing rather enhancing volume quality coverage time enough reconsider constitutional implications fairness doctrine past overall effect occur seems unlikely however since present licensees suddenly prove timorous commission powerless insist give adequate fair attention public issues violate first amendment treat licensees given privilege using scarce radio frequencies proxies entire community obligated give suitable time attention matters great public concern condition granting renewal licenses willingness present representative community views controversial issues consistent ends purposes constitutional provisions forbidding abridgment freedom speech freedom press congress need stand idly permit licenses ignore problems beset people exclude airways anything views fundamental questions statute long administrative practice cases effect licenses broadcast confer ownership designated frequencies temporary privilege using unless renewed expire within three years statute mandates issuance licenses public convenience interest necessity served thereby applying standard commission years choosing licensees based part program proposals frc nelson bros bond mortgage noted view limited number available broadcasting frequencies congress authorized allocation licenses determining best allocate frequencies federal radio commission considered needs competing communities programs offered competing stations meet needs moreover needs programs shifted commission alter allocations reflect shifts vein fcc pottsville broadcasting noted statutory standard supple instrument effect congressional desires maintain grip dynamic aspects radio transmission allay fears absence governmental control public interest might subordinated monopolistic domination broadcasting field three years later considered validity commission chain broadcasting regulations among things forbade stations devoting much time network programs order suitable opportunity local programs serving local needs upheld regulations unequivocally recognizing commission traffic policeman concerned technical aspects broadcasting neither exceeded powers statute transgressed first amendment interesting general program format kinds programs broadcast licensees national broadcasting need ratify every past future decision fcc regard programming question commission refusal permit broadcaster carry particular program publish views discriminatory refusal require licensee broadcast certain views denied access airwaves government censorship particular program contrary official government view dominating public broadcasting questions raise serious first amendment issues hold congress commission violate first amendment require radio television station give reply time answer personal attacks political editorials scarcity entirely thing past advances technology microwave transmission led efficient utilization frequency spectrum uses spectrum also grown apace portions spectrum must reserved vital uses unconnected human communication aids used aircraft vessels conflicts even emerged vital functions defense preparedness experimentation methods averting midair collisions radio warning devices land mobile services police ambulance fire department public utility communications systems occupying increasingly crowded portion frequency spectrum apart licensed amateur radio operators equipment transmitters operated citizens band also increasingly congested among various uses radio frequency space including marine aviation amateur military common carrier users easily enough claimants permit use whole even smaller allocation broadcast radio television uses exists comparative hearings competing applicants broadcast spectrum space means thing past radio spectrum become congested times necessary suspend new applications high frequency television spectrum country major markets almost entirely occupied although space reserved ultra high frequency television transmission relatively recent development commercially viable alternative yet completely filled rapidity technological advances succeed one another create efficient use spectrum space one hand create new uses space ever growing numbers people makes unwise speculate future allocation space enough say resource one considerable growing importance whose scarcity impelled regulation agency authorized congress nothing record researches convinces us resource longer one immediate potential uses accommodated wise planning essential mean course every possible wavelength must occupied every hour vital use order sustain congressional judgment substantial capital investment required many uses addition potentiality confusion interference inherent scheme continuous kaleidoscopic reallocation available space may make unfeasible allocation need made breakneck pace objectives allocation imperiled even gaps spectrum utilization fact remains existing broadcasters often attained present position initial government selection competition others new technological advances opened new opportunities uses long experience broadcasting confirmed habits listeners viewers network affiliation advantages program procurement give existing broadcasters substantial advantage new entrants even new entry technologically possible advantages fruit preferred position conferred government present possibility new entry competing stations enough render unconstitutional government effort assure broadcaster programming ranges widely enough serve public interest view scarcity broadcast frequencies government role allocating frequencies legitimate claims unable without governmental assistance gain access frequencies expression views hold regulations ruling issue authorized statute constitutional judgment appeals red lion affirmed rtnda reversed causes remanded proceedings consistent opinion ordered footnotes communications act tit iii stat amended et seq section reads candidates public office facilities rules licensee shall permit person legally qualified candidate public office use broadcasting station shall afford equal opportunities candidates office use broadcasting station provided licensee shall power censorship material broadcast provisions section obligation imposed upon licensee allow use station candidate appearance legally qualified candidate bona fide newscast bona fide news interview bona fide news documentary appearance candidate incidental presentation subject subjects covered news documentary coverage bona fide news events including limited political conventions activities incidental thereto shall deemed use broadcasting station within meaning subsection nothing foregoing sentence shall construed relieving broadcasters connection presentation newscasts news interviews news documentaries coverage news events obligation imposed upon chapter operate public interest afford reasonable opportunity discussion conflicting views issues public importance charges made use broadcasting station purposes set forth section shall exceed charges made comparable use station purposes commission shall prescribe appropriate rules regulations carry provisions section according record hargis asserted broadcast included following statement paperback book fred cook entitled goldwater extremist right cook cook fired new york world telegram made false charge publicly television unnamed official new york city government new york publishers newsweek magazine december showed fred cook pal eugene gleason made whole story confession made new york district attorney frank hogan losing job cook went work publication nation one scurrilous publications left championed many communist causes many years editor carry mcwilliams affiliated many communist enterprises scores cited subversive attorney general government agencies among things fred cook wrote nation article absolving alger hiss wrong page attack fbi edgar hoover another attack cook central intelligence agency man wrote book smear destroy barry goldwater called barry goldwater extremist right appeals initially dismissed petition want reviewable order later reversing en banc upon argument government fcc rule used permits issue declaratory ruling terminating controversy removing uncertainty cfr fact justified administrative procedure act act permits adjudicating agency sound discretion like effect case orders issue declaratory order terminate controversy remove uncertainty stat case fcc determined question red lion liability order license revocation failure comply license condition station operated public interest failure obey requirement operation public interest implicit ability fcc revoke licenses conditions justifying denial initial license statutory requirement public interest served granting renewing licenses since fcc adjudicated questions administrative procedure act issued declaratory order course adjudication subject judicial review although fcc comply formalities adjudicative proceeding case petitioner adopted government position reviewable order waiving objection might procedure adjudication chaos series national radio conferences held resolved regulation radio spectrum federal government essential regulatory power utilized ensure allocation limited resource made serve public interest conference expressed opinion radio communications act stat conferred upon secretary commerce power regulate frequencies hours operation secretary hoover sought implement claimed power penalizing zenith radio corporation operating unauthorized frequency act held permit enforcement zenith radio corporation cf hoover intercity radio app secretary power deny licenses empowered assign frequencies opinion issued attorney general hoover request confirmed impotence secretary act op atty hoover thereafter appealed radio industry regulate appeal went largely unheeded see generally schmeckebier federal radio commission congressman white sponsor bill enacted radio act commented upon need new legislation reached definite conclusion right people enjoy means communication preserved repudiation idea underlying law anyone may transmit assertion stead doctrine right public service superior right individual recent radio conference met issue squarely recognized present state scientific development must limitation upon number broadcasting stations recommended licenses issued stations whose operation render benefit public necessary public interest contribute development art principle approved every witness committee written bill enacted law broadcasting privilege right selfishness rest upon assurance public interest served cong rec radio act stat see generally davis radio act rev early senator dill expressed view federal radio commission power make regulations requiring licensee afford opportunity presentation side public questions hearings senate committee interstate commerce senator dill suggesting provision statute requires station give equal opportunity candidates office shall applied public questions commissioner robinson course think legal concept law requires see need legislate evolve one days somebody go say entitled opportunity get senator dill commission considered question making regulations requiring stations commissioner robinson oh senator dill within power commission think make regulations subject federal housing administration darlington glidden zdanok opinion justice harlan joined justice brennan justice stewart principle venerable one alexander alexandria cranch freeman stockdale insurance companies wall zemel rusk udall tallman commissioner sternberger estate hastings whitney burlington missouri river alexander wall surgett lapice zemel rusk bergh alstate construction durkin costanzo tillinghast attempt limit sharply fcc power interfere programming practices failed emerge committee sess see hearings senate committee interstate commerce sess also attempts specifically enact doctrine failed radio act cong rec agreeing amendment proposed senator dill eliminating coverage question affecting public similar proposal communications act accepted senate cong rec see included bill reported house committee see sess attempt came nearest success bill sess passed congress president extended equal opportunities whenever public question voted election government agency event unsuccessful attempts legislation best guides legislative intent fogarty mine workers review legislative history years drawing somewhat different conclusion found staff study house committee interstate foreign commerce legislative history fairness doctrine sess comm print inconclusive history course superseded specific statutory language added censorship nothing chapter shall understood construed give commission power censorship radio communications signals transmitted radio station regulation condition shall promulgated fixed commission shall interfere right free speech means radio communication john crommelin radio reg proxmire amendment read ut nothing sentence shall construed changing basic intent congress respect provisions act recognizes television radio frequencies public domain license operate frequencies requires operation public interest newscasts news interviews news documentaries coverage news events panel discussions sides public controversies shall given equal opportunity heard practically possible cong rec general problems raised technology supplants atomized relatively informal communication mass media prime source national cohesion news discussed considerable length zechariah chafee government mass communications debate particular implications view broadcasting industry continued unabated compendium views appears freedom responsibility broadcasting coons ed see also kalven broadcasting public policy first amendment law econ ernst first freedom robinson radio networks federal government especially considerations newest technology brings bear particular problem litigation concisely explored louis jaffe fairness doctrine equal time reply personal attacks local service obligation implications technological change printed special subcommittee investigations house committee interstate foreign commerce range controls fact imposed last years without giving rise successful constitutional challenge discussed emery broadcasting government responsibilities regulations note regulation program content fcc harv rev prevented vigorous argument developing constitutionality ancillary fcc doctrines compare barrow equal opportunities fairness doctrines broadcasting pillars forum democracy cin rev robinson fcc first amendment observations years radio television regulation rev sullivan editorials controversy broadcaster dilemma geo rev expression views opposing broadcasters permit aired first place need confined solely broadcasters proxies enough hear arguments adversaries teachers presented state accompanied offer refutations way justice arguments bring real contact mind must able hear persons actually believe defend earnest utmost mill liberty mccallum ed president columbia broadcasting system recently declared despite government determined continue covering controversial issues public service exercising independent news judgment enterprise one refuse allow judgment enterprise affected official intimidation stanton keynote address sigma delta chi national convention atlanta georgia november problems news coverage broadcaster viewpoint surveyed wood electronic journalism current discussions frequency allocation problem appear telecommunication science panel commerce technical advisory board dept commerce electromagnetic spectrum utilization silent crisis joint technical advisory committee institute electrical electronics engineers electronic industries report radio spectrum utilization note crisis electromagnetic frequency spectrum allocation iowa rev recently released study final report president task force communications policy bendix aviation fcc app cert denied fcc annual report new limitations users also lay claim first amendment protection sustained first amendment attack comment truly situation everybody say anything many say nothing lafayette radio electronics accord california citizens band assn cir cert denied kessler fcc app table prepared fcc basis statistics current august vhf uhf channels allocated available top market areas television set forth commercial channels air channels authorized available market areas allocated applied channels vhf uhf vhf uhf vhf uhf noncommercial channels air channels authorized available market areas reserved applied channels vhf uhf vhf uhf vhf uhf fcc annual report rtnda argues regulations held invalid failure fcc make specific findings proceeding relating factual questions presumably fairness doctrine personal attack decisions red lion fall reason argument ignores fact regulations detailed specification certain consequences rules need recognized congress factual predicate scarcity made plain recognized national broadcasting case reaffirmed congress recently number radio television stations limited available frequencies committee hesitation removing completely present provision regarding equal time urge right broadcaster follow conscience however broadcast frequencies limited therefore necessarily considered public trust light history opportunity broadcasters address fcc show somehow situation radically changed undercutting validity congressional judgment failure adduce convincing evidence record consider absence detailed findings determinative airwaves need filled earliest possible moment circumstances without due regard important factors community broadcasting fcc app accord enforcing fairness doctrine office communication church christ fcc app need deal argument even longer technological scarcity frequencies limiting number broadcasters nevertheless economic scarcity sense commission limit entry broadcasting market economic grounds license stations market support hence said fairness doctrine equivalent essential satisfy claims excluded public generally related argument also put aside quite apart scarcity frequencies technological economic congress abridge freedom speech press legislation directly indirectly multiplying voices views presented public time sharing fairness doctrines devices limit dissipate power sit astride channels communication general public cf citizen publishing