"Sid Schweiger" wrote in message
...
Broadcasting does not fall under those provisions.

Excuse me? Where in the Constitution does it say that broadcasting is exempt
from the basic law of the land?????

The Communications Act of 1934, as amended, 47 USC, is constitutional. I don't have
time to go into case law with you, but consider that the First Amendment provides
absolute and unfettered freedom of expression, whereas the FCC is empowered to
determine who, when and where such speech will occur. Further, while the FCC
self-limits the degree of interference it imposes on the subject matter aired in the
interest of promoting a diversity of voices, it still has the Fairness Doctrine in
place, although much gutted today, which requires that a station espousing an opinion
or advocating an outcome or political candidate offer equal and equivalent time to
opposing views or spokesmen. Finally, the FCC has rules defining and limiting
indecency. The First Amendment makes no such distinctions in any of this.

Numerous Supreme Court cases have considered these issues over the years, and have
repeatedly affirmed the constitutionality of the Communications Act of 1934.
Therefore, given the contradictions between the First Amendment and the restrictions
imposed by and the powers granted the FCC, it can be concluded that broadcasters have
limited free-speech rights, far less than a newspaper or other printed matter, and
certainly far less than the freedoms granted individuals. Broadcasting is thus not
fully protected by the First Amendment, and given the opinions of the relevant cases
before the Supreme Court, such abridgements in freedom of speech are constitutional.
All the rest is derived from this one fact.
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If there's nothing that offends you in your community, then you know you're not
living in a free society.
Kim Campbell - ex-Prime Minister of Canada - 2004
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