Technology, Spectrum, First Amendment

The FCC regulates speech despite the fact that the First Amendment to the Constitution says, "Congress shall make no law abridging the freedom of speech." What gives? The traditional rationale is that two transmitters can't use the same channel, so someone must decide who gets which. Since 1927, the FCC has had that authority. But what if the spectrum could be shared by all rather than set aside for a narrow class of licensees? Researchers have begun to demonstrate the viability of spread spectrum systems that allow many users to share the same slice of spectrum without interfering with one another. If this proves viable then the First Amendment would mean that allocated spectrum must go." (condensed and paraphrased from: TNR Online | Net Gains by Yochai Benkler and Lawrence Lessig via Lawrence Lessig). Also see F*** the FCC!