Patrick Thompson · April 2014
82 GEO. WASH. L. REV. 556 (2014)
In recent years a number of student-run radio stations have been sold to parties that have ended day-to-day student control of these stations. The Federal Communications Commission (“FCC”) has contributed to this practice by emphasizing the value of free speech in contributing to a “marketplace of ideas” while deemphasizing the free speech value of student-run media in creating an “academy” to develop young voices. Although the FCC recently began to correct this imbalance, this Note suggests a novel regulatory arrangement that would further promote the educational benefits of student-run radio.
First, this Note examines the current regulations affecting noncommercial radio stations and how those regulations encourage the sale of student-run stations. The Note then discusses the FCC’s historical emphasis on the “marketplace of ideas” value of free speech and its recent shift toward valuing the educational benefits of student-run radio. Finally, a more extensive regulatory regime is proposed under which student-run stations could reduce their financial liability for future violations of FCC regulations in exchange for a guarantee that the stations remain student-run. The proposed regulations would promote the “academy” value of student-run radio more effectively than either existing FCC policy or competing proposals.
