Interesting People mailing list archives
Re: Censorship Run Amok: XM, Big Money at the FCC, and the Rest
From: David Farber <dave () farber net>
Date: Sat, 19 May 2007 06:19:46 -0400
Begin forwarded message: From: Billy Brackenridge <BillyB () msn com> Date: May 19, 2007 3:34:19 AM EDT To: dave () farber net Cc: tom_jackson () sbcglobal netSubject: RE: [IP] Re: Censorship Run Amok: XM, Big Money at the FCC, and the Rest
For IP, if you wish.... From: Tom Jackson <tom_jackson () sbcglobal net> Date: May 18, 2007 8:20:25 PM EDT To: dave () farber net Subject: RE: [IP] Re: Censorship Run Amok: XM, Big Money at the FCC, and the Rest For better or worse, the constitutional right to free speech does not stipulate that everyone must own a radio or satellite service. Thereis no obligation that the owners of such businesses tolerate anything they
consider inappropriate. -------------------------------------------------------------- This is a problem with the Internet. People make self serving statements purporting to be fact when exactly the opposite is fact. The entire justification for regulation of the airwaves by the FCC is based on a Supreme Court decision stating exactly the opposite.http://en.wikipedia.org/wiki/ National_Broadcasting_Co._Inc._et_al._v._United
_States_et_al.The whole justification for regulation of content over the airwaves is based on this Supreme Court decision. This has evolved to be called the "scarcity doctrine". The point is that "owning a radio station" implies that others
don't own a radio station. In this landmark decision, the Supreme Court ruled that NBC could not control what went over the airways precisely because 'ownership' of the airways denied others access.This is fundamental law in the US. "Owning spectrum" is not a legal concept
recognized by law, but operating under FCC rules implies certain obligations, and this case made it clear that broadcasters did not have absolute control over content.Where have you been for the last 64 years? The law is exactly the opposite
of what you have stated.I have issues with the Wikipedia article cited above, but that can be a long
discussion which I'd be happy to engage in some other forum.NBC played the same shows over multiple radio stations, and claimed it was their right to do so under the first amendment. The Supreme Court ruled that because of what later became to be called the "scarcity doctrine" NBC had
the obligation to represent more diverse programming.Over time the FCC extended the 'scarcity doctrine' to justify more and more
control over broadcasting.Later the under the Reagan administration the Communications act of 1934 was amended to get rid of those pesky obligations about "public interest", but the right of FCC to regulate content under "free speech" is still in force.
I could digress into a discussion of the Bush Administration, Kevin Martin and Janet Jackson's tits, but the fact that the FCC could get involved in this issue stems from NVC vs. US. The law of the land is that broadcasters
don't have an absolute right to "free speech".Kevin Martin (Head of FCC) has aggressively gone after indecency over the
airwaves. I'd love to see him and other Republicans sent home, but he is well within the law in regulating content over the airwaves. You may not like the law, but it would take an act of the legislature tochange it (fat chance), and the new law would be subject to judicial review,
and NBC v. US would still be a powerful precedent. ------------------------------------------- Archives: http://v2.listbox.com/member/archive/247/=now RSS Feed: http://v2.listbox.com/member/archive/rss/247/ Powered by Listbox: http://www.listbox.com
Current thread:
- Censorship Run Amok: XM, Big Money at the FCC, and the Rest David Farber (May 17)
- <Possible follow-ups>
- Re: Censorship Run Amok: XM, Big Money at the FCC, and the Rest David Farber (May 18)
- Re: Censorship Run Amok: XM, Big Money at the FCC, and the Rest David Farber (May 18)
- Re: Censorship Run Amok: XM, Big Money at the FCC, and the Rest David Farber (May 18)
- Re: Censorship Run Amok: XM, Big Money at the FCC, and the Rest David Farber (May 18)
- Re: Censorship Run Amok: XM, Big Money at the FCC, and the Rest David Farber (May 18)
- Re: Censorship Run Amok: XM, Big Money at the FCC, and the Rest David Farber (May 18)
- Re: Censorship Run Amok: XM, Big Money at the FCC, and the Rest David Farber (May 18)
- Re: Censorship Run Amok: XM, Big Money at the FCC, and the Rest David Farber (May 19)