Quote:
Originally posted by sgtclub
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.
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I actually think your argument has merit. When the government advocates censorship and the FCC licensees are so afraid of losing their licenses or being fined that they act pre-emptively by censoring content, you may be able to say that this constructively is the government censoring this.
I am sure that Clear Channel would not have pulled Howard off if they weren't worried about fines.