Any Constitutional lawyers here? Question about the public airwaves

[toddaa]

There seems to be a lot of talk about regulating the content of the public airwaves. How can the government regulate the content of what's broadcast over the airwaves without violating the First Amendment?

[Double T]

1. They can't, but they do and they will even more, going forward..........

censorship and BIG fines for NOT assimilating.

[TechBear_Seattle]

2. What part of "public" are you not seeing?

In theory (although not really in practice), the broadcast frequencies are national resources and as such are managed by the government as a public trust. As such, the government has the power to regulate the use of broadcast frequency much as they have the power to regulate the use of other national resources. This is why "decency" standards apply only to broadcast media (broadcast television and radio) and not to non-broadcast media (such as cable or sattelite systems.)

While the courts have generally upheld free speech on broadcast media, they have also allowed the government considerable leeway with regards to regulation. This is not deemed a violation of the freedoms of speech or press, as there remain many other avenues for disseminating ideas and views.

[merh]

3. great post!

:yourock:

thank you for your post.

[kiahzero]

5. Well said. (n/t)

[toddaa]

7. Content means more than objectionable language

When the FCC starts going after artists for more than obscenity or profanity, I think that crosses a dangerous line in which they are no longer regulating the use of public resources, but becoming the arbiter of what ideas are unacceptable for public broadcast.

[nosillies]

4. Here's a great reference link from the FCC

It's just the facts, no sarcasm or bias or flat-out wrong information involved, so it's quite useful. Pay special attention to the section regarding "The Law."

http://www.fcc.gov/eb/oip/FAQ.html

The regulation of the airwaves and the protection of the First Amendment requires quite a balancing act between Title 18 of the United States Code, Section 1464 and Section 326 of the Communications Act, both of which I believe are referenced on that page.

The problem has always been and will always be individual (e.g. concerned viewers, FCC employees, judges, studio heads, etc.) interpretations of the legal language involved.

Perhaps situations are best handled when the collective will of the marketplace is the "decider"?

(I hope that made any sense -- I've been writing all day and my brain is fried.)

[toddaa]

6. Nice summary

thanks