The courts have decided over and over again that the FCC rules are to be
"content-neutral" as a matter of fact some FCC rules in the past have been
thrown out because they were not "content-neutral".Sable Communications v.
FCC: The Government may, however, regulate the content of
constitutionallyprotected speech in order to promote a compelling interest
if it chooses the least restrictive means to furtherthe articulated
interest... The Government may serve this legitimate interest, but to
withstand constitutionalscrutiny, 'it must do so by narrowly drawn
regulations designed to serve those interests without
unnecessarilyinterfering with First Amendment freedoms. It is not enough to
show that the Government's ends arecompelling; the means must be carefully
tailored to achieve those ends'""The must-carry rules are content-neutral,
and thus are not subject to strict scrutiny" Turner Broadcasting Co. Inc v.
FCC (U.S. Supreme Court 1994) The FCC rules are content-neutral only if the
content-based regulation of communication media is narrowly tailored to a
compelling government interest. As for free speech on the radio. The Supreme
Court has repeatedly stated that there is no constitutional right to use
radio facilities without a license and that the FCC has the authority to
regulate the radio spectrum. See Red Lion Broadcasting Co. v. FCC, 395 U.S.
367, 388 (1969). See National Broadcasting v. United States 319 U.S. 190,
227 (1943) ("The right to free speech does not include . . . The right to
use the facilities without a license,"). See Dunifer v. FCC (1997) ("Mr.
Dunifer doesn't have the right to challenge the constitutionality of the FCC
rules, including the his first amendment challenge because Mr. Dunifer never
applied for a license or asked for a waiver"). See Wait Radio v. FCC; the
U.S. Court of Appeal returns an application and a waiver to FCC to have the
FCC take a look a "hard-look" at the waiver including Wait Radio first
amendment challenge.

Todd N9OGL

"Phil Kane" wrote in message
news.com...
On Wed, 22 Dec 2004 06:11:04 -0600, Todd Daugherty wrote:

I hear all this crap about K1MAN violating the FCC rules but the FCC
violates their own rules..

Sec. 326. - Censorship

Nothing in this chapter shall be understood or construed to give the
Commission the power of censorship over the radio communications or
signals
transmitted by any radio station, and no regulation or condition shall be
promulgated or fixed by the Commission which shall interfere with the
right
of free speech by means of radio communication

(a) it's not an FCC rule and is open to court interpretation.

(b) look up the case law based on that section and see why there is
no "free spech" right in an amateur license.

--
Phil Kane






----== Posted via Newsfeeds.Com - Unlimited-Uncensored-Secure Usenet News==----
http://www.newsfeeds.com The #1 Newsgroup Service in the World! 100,000 Newsgroups
---= East/West-Coast Server Farms - Total Privacy via Encryption =---


-----------== Posted via Newsfeed.Com - Uncensored Usenet News ==----------
http://www.newsfeed.com The #1 Newsgroup Service in the World!
-----= Over 100,000 Newsgroups - Unlimited Fast Downloads - 19 Servers =-----