Viewpoint Diversity and the Public Interest: Considering Freedom of Expression

Appreciation of the importance of freedom of expression is important and that it must be part of the discussion as public policy is created and law is shaped. After all, the [Federal Communications Commission] has long looked to the multiplicity of voices as a fundamental element of free speech and has relied upon diversity in speech as an important goal. The fundamental inquiry – which I will ask in various ways but not even attempt to answer – is “when should that value be advanced, in what circumstances, and how?”.... The enforcement of the antitrust laws in speech industries can serve free speech interests. The next question is: What happens if traditional antitrust economic concerns are not present? …. I do believe that these questions do, and that they should, all connect to your own basic goals – to enable the discovery of truth through journalism, through a competitive media and communications marketplace and, of course, through freedom of expression.

[Sallet is the FCC’s General Counsel]