U.S. Second Court of Appeals Upholds the First Amendment Aga
WaveCameCrashin
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http://www.fortliberty.org/u-s-second-c ... hment.html
The Federal Communications Commission was dealt a severe blow on Tuesday when a federal appeals court ruled that their current indecency policy is unconstitutionally vague.
The decision is a serious setback to Julius Genachowski, Obama’s chairman at the FCC. Genachowski has been focused on significantly expanding the power of the FCC to control free speech and has been, until this week, quite successful.
The decision from the Second U.S. Circuit Court of Appeals stated that the FCC’s indecency policies violate the First Amendment and are “unconstitutionally vague, creating a chilling effect that goes far beyond the fleeting expletives at issue here.” In the decision, U.S. Circuit Judge Rosemary S. Pooler wrote, “Indeed, there is ample evidence in the record that the FCC’s indecency policy has chilled protected speech.”
Genachowski is currently reviewing the ruling and will either modify the FCC’s policies to comply with the U.S. Constitution or appeal the ruling to the Supreme Court. If the FCC chooses to appeal, it creates a risk that the Supreme Court could strike down other unconstitutional restrictions on free speech in the agencies current regulations. The most likely outcome of this ruling is that the FCC will change the current regulations as little as possible and hope that Fox and other broadcasters do not file a follow-up lawsuit.
Americans value freedom of speech very highly. The free market should determine what content broadcasters provide to their customers, not a group of government bureaucrats. Americans don’t need to support a bunch of leeches who suck up our tax dollars and tell us what we can and cannot watch on television. With the U.S. government $13T in debt, this should be obvious to just about everyone.
I Dissaprove of what you say,but I will defend to the death your right to say it
-Voltaire
The Federal Communications Commission was dealt a severe blow on Tuesday when a federal appeals court ruled that their current indecency policy is unconstitutionally vague.
The decision is a serious setback to Julius Genachowski, Obama’s chairman at the FCC. Genachowski has been focused on significantly expanding the power of the FCC to control free speech and has been, until this week, quite successful.
The decision from the Second U.S. Circuit Court of Appeals stated that the FCC’s indecency policies violate the First Amendment and are “unconstitutionally vague, creating a chilling effect that goes far beyond the fleeting expletives at issue here.” In the decision, U.S. Circuit Judge Rosemary S. Pooler wrote, “Indeed, there is ample evidence in the record that the FCC’s indecency policy has chilled protected speech.”
Genachowski is currently reviewing the ruling and will either modify the FCC’s policies to comply with the U.S. Constitution or appeal the ruling to the Supreme Court. If the FCC chooses to appeal, it creates a risk that the Supreme Court could strike down other unconstitutional restrictions on free speech in the agencies current regulations. The most likely outcome of this ruling is that the FCC will change the current regulations as little as possible and hope that Fox and other broadcasters do not file a follow-up lawsuit.
Americans value freedom of speech very highly. The free market should determine what content broadcasters provide to their customers, not a group of government bureaucrats. Americans don’t need to support a bunch of leeches who suck up our tax dollars and tell us what we can and cannot watch on television. With the U.S. government $13T in debt, this should be obvious to just about everyone.
I Dissaprove of what you say,but I will defend to the death your right to say it
-Voltaire
Post edited by Unknown User on
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Comments
Fuck Fred Phelps
:evil:
Wash me in the blood of Rock & Roll
"With our thoughts we make the world"
I'm wondering that same thing... what is the case being argued?
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PerfectLefts... what is the case this Blog is refering to? I cannot seem to locate it. At least, give us something to source so we can review the arguements.
Thanx.
Hail, Hail!!!
http://www.businessweek.com/news/2010-0 ... court.html
backlash from nipplegate is so stupid....
"Well, you tell him that I don't talk to suckas."
Thanx, Norm...
This is an old news item... I remenber reading about is a while ago. They were talking about the fleeting expletive... like when Shaun White was caught on mic saying he was 'fucking' stoked about his just completed run at the Winter Olympics. Groups such as the Parents Television Council wanted NBC to pay the FCC fine for broadcasting it.
"The Parents Television Council, a Los Angeles-based advocacy group that monitors television shows for sex, violence and profanity, criticized the decision.
"What truly galls me is the broadcast networks' argument that the FCC chills free speech when they already have the ability to air indecent material after 10 o'clock, after children go to bed," Dan Isett, director of public policy for the group, said in an interview. "Now they want to air this material at any time when children are awake."
These are the same assholes that created the Janet Jackson wardrobe malfunction thing going.
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You know what? FUCK those bitches. If they are so fucking afraid of what their kids might see or hear on television... don't let them watch the fucking television.
Hail, Hail!!!