As the airwaves were now deemed "public property," Washington was able--even obligated--to control the content of what broadcasters aired in order to ensure that the "public's property" was used in the "public's interest."posted by davidmsc at 10:36 PM on October 28, 2007
Acts of Congress notwithstanding, airwaves are not "public property." Airwaves are simply another form of private property akin to land, oil and intellectual property.
A broadcaster works to transform barren airwaves into radio transmissions, just as a farmer works to transform barren tracts of land into farmland. The right of a farmer to keep the product of his labor was protected by the Homestead Act of 1862, which guaranteed him sovereign control of 160 acres of undeveloped land if he worked on it for five years. As Ayn Rand pointed out in her article, "The Property Status of Airwaves," Congress ought to have enacted similar legislation for the first generations of broadcasters. Both radio transmissions and farmland are products of an individual's thought and effort and thus ought to be his private property to control and profit from.
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posted by Balisong at 9:27 PM on October 28, 2007