|07-13-2010, 05:33 PM||#1|
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Fuck the FCC!
Go ahead and drop the F-bomb, Bono
By Julianne Pepitone, staff reporterJuly 13, 2010: 6:10 PM ET
NEW YORK (CNNMoney.com) -- A federal appeals court struck down the Federal Communications Commission's indecency policy Tuesday, calling the agency's longstanding rules "unconstitutionally vague."
A three-judge panel on the U.S. Second Circuit Court of Appeals said in a 32-page ruling that the FCC's indecency rules created "a chilling effect that goes far beyond the fleeting expletives at issue here."
FCC commissioner Michael Copps said in a statement that the court's decision was "anti-family." He said the FCC's policy was "constitutional and enforceable," but he called on the commission to "immediately to clarify and strengthen its indecency framework."
The appellate court's decision was a major milestone for television and radio broadcasters who have long complained the FCC's rules violated First Amendment rights.
Several years ago, the FCC had levied fines on scripted expletives but had typically been more lenient about accidental profanities uttered during live shows.
But in 2003, U2 singer Bono swore while accepting an award on NBC. The network didn't receive a fine, but the FCC warned that any profanities -- including unscripted ones -- could lead to fines in the future. In the following years, the FCC fined several networks for expletives uttered on live television.
In 2006, Fox Television, NBC Universal and several other broadcasters sued the FCC for what they said was a vague and unevenly enforced policy.
The case went to the Supreme Court, which said in April 2009 the FCC had enacted its policy correctly. But the higher court sent the case back to the Second Circuit Court to decide whether the policy was constitutional.
"We have always felt that the government's position on fleeting expletives was unconstitutional," Fox Networks said in a statement, adding "the inherent challenges broadcasters face with live television ... must allow for the unfortunate isolated instances where inappropriate language slips through."
|07-14-2010, 08:49 PM||#4|
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Re: Fuck the FCC!
Once the government gets control of airwaves, things are of course fucked up. The US nationalized the airwaves in 1927. Basically, one could own a certain frequency in a certain area. Here's Rothbard:
During the 1920s, the courts were working out precisely such a system of homesteaded private property rights in airwave frequencies. It is because such a private property structure was evolving that Secretary of Commerce Hoover pushed through the Radio Act of 1927, nationalizing ownership of the airwaves. See Ronald H. Coase, “The Federal Communications Commission,” Journal of Law and Economics 2 (October 1959): 1-40. For a modern study of how such frequencies could be allocated, see A. De Vany, et al., A Property System Approach to the Electromagnetic Spectrum (San Francisco: Cato Institute, 1980). - Murray Rothbard, Law, Property Rights, and Air PollutionHere's a good article about private propery status for airwaves:
Why Airwaves (Electromagnetic Spectra) Are (Arguably) Property, Stephan Kinsella
Here's the classic Ayn Rand article that first turned me on to the notion:
The Property Status of Airwaves.
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