ENHANCING THE SPECTRUM: MEDIA POWER DEMOCRACY AND THE MARKETPLACE OF IDEAS A. Richard m. blaiklock ** In their article, Professor Krotos zynski and Mr. Blaiklock assess diversity and broadcast me dia regulation in contemporary America. First, the authors consider the Federal Communica tions Commission's regulatory attempts to promote di ity in television and radio broadcasting. The authors discuss the commission 's difficulties in defining and characterizing "diversity and fur- ther note some of the inconsistencies inherent in the Commission's dual emphasis on competition and diversity in broadcast programming, also mention ing the threat to democratic values posed by un duly concentrated media ownership. Next, the authors chronicle the burgeoning judicial hostil ity to race-conscious governmental policies and practices. They discuss the related shift from intermediate scrutiny to strict scrutiny in equal protection jurisprudence and the Commission's frantic efforts to provide justifications for its increasingly endangered race-based diversity Associate Professor of Law, Washington and Lee University School of * Associate, Ice Miller. B A, Hanover colt J D. Indiana Univer- sity School of Law Indianapolis. The views expressed in this article are those of Mr. Blaiklock, and not those of his employer Ms. Jean Campbell, William and Mary Class of 1999, provided invaluable research assistance on this article. In addition, the faculty at the wil liam and Mary School of Law kindly invited Professor Kr ent this article incident to a faculty colloquium; the authors acknowledge the helpful and constructive comments and suggestions offered by William and Mary's faculty. We also appreciate the helpful comments and suggestions provided by Charles Buck Logan and Professors Michael Heise, tko, Neal Devins, Alan Meese, Michelle Adams, Dan Cole, Betsy Wil born Malloy, Lilli Levi, and Lyrissa Lidsky on earlier drafts of this arti cle. As always, any errors or omissions are ours alone 101KROTO.DOC 12/07/00 9:35 AM 101 ENHANCING THE SPECTRUM: MEDIA POWER, DEMOCRACY, AND THE MARKETPLACE OF IDEAS Ronald J. Krotoszynski, Jr.* A. Richard M. Blaiklock** In their article, Professor Krotoszynski and Mr. Blaiklock assess diversity and broadcast me￾dia regulation in contemporary America. First, the authors consider the Federal Communications Commission’s regulatory attempts to promote di￾versity in television and radio broadcasting. The authors discuss the Commission’s difficulties in defining and characterizing “ diversity” and fur￾ther note some of the inconsistencies inherent in the Commission’s dual emphasis on competition and diversity in broadcast programming, also mention￾ing the threat to democratic values posed by un￾duly concentrated media ownership. Next, the authors chronicle the burgeoning judicial hostil￾ity to race-conscious governmental policies and practices. They discuss the related shift from intermediate scrutiny to strict scrutiny in equal protection jurisprudence and the Commission’s frantic efforts to provide justifications for its increasingly endangered race-based diversity * Associate Professor of Law, Washington and Lee University School of Law. ** Associate, Ice Miller. B.A., Hanover College; J.D., Indiana Univer￾sity School of Law— Indianapolis. The views expressed in this article are those of Mr. Blaiklock, and not those of his employer. Ms. Jean Campbell, William and Mary Class of 1999, provided invaluable research assistance on this article. In addition, the faculty at the Wil￾liam and Mary School of Law kindly invited Professor Krotoszynski to pres￾ent this article incident to a faculty colloquium; the authors gratefully acknowledge the helpful and constructive comments and suggestions offered by William and Mary’s faculty. We also appreciate the helpful comments and suggestions provided by Charles “ Buck” Logan and Professors Michael Heise, Gary Spitko, Neal Devins, Alan Meese, Michelle Adams, Dan Cole, Betsy Wil￾born Malloy, Lilli Levi, and Lyrissa Lidsky on earlier drafts of this arti￾cle. As always, any errors or omissions are ours alone