Quote:
Originally posted by Mmmm, Burger (C.J.)
That said, to the extent the FCC seeks to regulate indecency (as opposed to the regulable obscenity), are you concerned that the Supreme Court is in cahoots with Powell, and would deny a first amendment challenge to such regulation?
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I agree with you that the public commodity rationale is dying. I think this is precisely because of market forces. My concern is that Congress responds better to the combination of "You don't honestly expect us to watch television over rabbit ears?" and "Won't someone please think of the children?" In other words, regulating cable
because it has achieved a critical mass of market share, with no constitutional underpinning other than that we
used to watch this shit over the airwaves.
After this last term, I have no idea what the Supreme Court will do. I thought I had them pegged, but they've done some amazing shit in non-1Ad cases that has scared both sides. Maybe Scalia secretly likes PPV topless Foxy Boxing and will go our way. It's a crapshoot.
