Progressive Media Resources Group

That most people use nonbroadcast media doesn't matter. The rationale for allowing a curtailment of First Amendment rights is that the government prohibits people from just starting up a new broadcast station. All the available frequencies have been assigned, so you couldn't just start broadcasting. By contrast, you could put your own satellites into orbit and start your own network to compete against DirecTV and Dish.

Obviously, there are practical obstacles to that -- but in 1791 there were practical obstacles to just starting up your own newspaper.

I'm not sure about the status of cable. If no cable company is allowed to put in all the necessary infrastructure without a license, and if the government limits the number of licenses, that might be a basis for treating cable more like broadcast TV than like a printed newspaper.