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Links: Legal Theories of Radio

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Federal Communications Law Journal
Legal articles by practicing communications lawyers and politicians, issued three times a year.

The Logic of Scarcity: Idle Spectrum as a First Amendment Violation
Interesting premise published in the Duke Law Journal: if the government refuses to maximize spectrum use, could a competent microbroadcaster argue prior restraint as a defense from FCC attack if they demonstrated interference-free operation? (October 2002)

A Desperate Case under the Commerce Clause
"U.S. Courts' Role in Determining the Federal-State Balance in Radio Regulation." Interesting historical analysis of the roots of the jurisdiction of broadcast law. (6/12/02)

Broadcasting, the Constitution and Democracy
Position paper presented to the NAB '98 convention, prepared by the NLGDC and Stephen Dunifer's legal team.

Broadcast Reform Revisited
"Reverend Everett C. Parker and the "Standing" Case (Office of Communication of the United Church of Christ v. Federal Communications Commission)." A good piece of broadcast legal history. Published in The Communication Review. (1997)

FCC Fraud
Detailed article exploring whether or not the FCC even has jurisdiction over microbroadcasters
.

Give Peace a Chance
An interesting legal look at FCC jurisdictional issues, published in the Federal Communications Law Journal
.

The Voluntaryist, Volume 51
"Voluntaryism or Statism in the Early Radio Industry?"

In Support of Stephen Dunnifer
Radio - interstate or intrastate commerce?