Quote:
Originally posted by Not Me
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.
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So what if it is? This is broadcast, people --- the least protected of all possible forms of First Amendment protected speech, with the possible exception of commercial speech (though for different reasons). The FCC itself probably could have fined Stern for talking with Solomon about doing anal.
Saying it's censorship doesn't end the issue any more than saying the First Amendment does not sanction the shouting of "fire" in a crowded theater. There's a reason people still practice law in this area; they'd be out of business in a heartbeat if the First Amendment actually ever meant what it said.
