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Originally posted by sgtclub
Yes, but the question is whether something short of that restrictive standard be actionable?
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I don't think that it is all that hard to figure out where the line is.
Give me specific examples of things that people might want to say and I will tell you yes or no regarding whether it is actionable. And I think you can, too. The shock jocks know, too. For instance, graphic descriptions of people beating off to porno - actionable if broadcast on the public airwaves. That guy knew that before he did that schtick. He just thought the FCC wouldn't do anything about it because they haven't been aggressive about this kind of stuff in the past.
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Originally posted by sgtclub
I was referring to the slippery slope.
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I know but comparing the FCC to Nazis is over the top. If the FCC gets heavy handed and starts enforcing the regulations for less egregious offenses, people like me (who are OK with censoring graphic descriptions of people beating off) will call on Congress to reign in the FCC.
The fact that the German people were unwilling to do anything to stop the Nazis really isn't analogous to this situation. The German people were quite an anti-semetic bunch and not only didn't do anything to stop the horrors, quite frankly, they didn't see what was going on as a horror. If the FCC gets heavy handed, people like me will be unhappy about that. We don't want to see the FCC micromanaging programming. We just think it is reasonable to put some boundaries on speech when it is carried over the public airwaves.
The FCC licenses are not a right; they are a privilege - just like a driver's license. Getting a license to drive on public streets is analogous to broadcasting on the public airwaves. In neither instance do you have an unfettered right to do whatever you want on these publicly owned venues. For instance, while Congress may not be able to prevent you from having a telephone conversation in your home, they can prevent you from having one while driving.
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Originally posted by sgtclub
You are ill-informed.
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Cite please.
