Quote:
Originally posted by Not Me
So your 1st amendment argument is that since Clear Channel only did this to pre-empt state action, that invokes the 1st Amendment? Not saying it is a good or a bad argument. Just asking you if this is your argument for invoking the 1st amendment.
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I'm not speaking in purely legal terms, but this is clearly a reaction to the janet scandal and the FCC fines that followed, plus the congressional hearings. Absent that event, this would not be an issue. The policy was clearly adopted to attempt to avoid FCC liability, and the FCC is apparently now the arbitrator of what is indecent and what is not. So what you have is the government prohibiting what can and cannot be said, and private actors reacting to that.*
This plus the recent campaign finance rulings, and we have all witnessed the death of the first amendment.
*I don't use terms like "indecent" with any legal significance in mind, as I am no expert on the topic.
