If you want to apply a rule like "speech must be a net positive for society according to me" in the general case, the rule you need to update is the first amend

If you want to apply a rule like "speech must be a net positive for society according to me" in the general case, the rule you need to update is the first amendment. It's specifically because of that spectrum gift that the government can be so aggressive about public good with OTA broadcasters. Speech doesn't come under government control just because it has a large audience or is culturally important.