"White finds “striking parallels” as he explores the way law’s history was brought to bear on the question of the regulation of radio. Faced with an evolving and developing First Amendment jurisprudence, courts nonetheless had little trouble, White argues, upholding the Radio Act of 1927, through which the Congress asserted government ownership of the airwaves. They focused on radio’s potential to reach vast audiences as well as the scarcity of radio frequencies. They drew an analogy to film and claimed that, like the former, radio was intrusive and pervasive in its reach. Yet today, somewhat paradoxically, the latter is subject to a far more restrictive regulatory regime than the former, though today new analogies and new precedent prevail. Film and radio are now regarded not simply as property; the new analogical structure provides greater First Amendment protection by treating them as like the print media."
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