The Children’s Television Act of 1990 was enacted to encourage television broadcasters to serve the needs of children more extensively in their programming. To do so, the Act provides that in considering licensing renewals, the Federal Communications Commission “shall consider the extent to which the licensee has served the educational and informational needs of children through the licensee’s overall programming.”

The first license renewals that will be subject to this Act were considered in 1992. Assume that in one of these initial renewal proceedings, the F.C.C. determines that a television broadcaster has totally failed to program material that serves the needs of children, and denies renewal of the license on this basis. Also assume that the broadcaster appeals the denial on the ground that the above aspect of the Act and the denial of renewal violate the first amendment to the United States Constitution.

Discuss arguments that might be made on both sides of this issue, and state how you believe the issue should be resolved, and why. Be sure to define the Children’s Television Act of 1990, the Public Broadcasting Act of 1967, and core children’s broadcasting. Cite a minimum of two cases.

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