Promoting the dissemination of diverse ideas with a minimum of governmental interference is the goal of the first amendment in protecting free press and free media. This goal is implicit in the public interest mandate of the Communications Act of 1934. A precise balance between restraint and diversity in first amendment policy appears impossible, but the process of decision should reflect both, with deference to restraint where possible. The Federal Communication Commission's Order in Docket 18110 failed to strike such a balance; any future action regarding cross-ownership of broadcast stations by newspapers would benefit by an increased recognition of the importance of restraint.
Jon L. Mills, John Moynahan, Richard Perlini & George McClure, The Constitutional Considerations of Multiple Media Ownership Regulation by the Federal Communications Commission, 24 Am. U. L. Rev. 1217 (1975), available at http://scholarship.law.ufl.edu/facultypub/703