Originally posted by: DrPizza
Why do I find it ironic that CC was fined over a broadcast about anal sex...
Several acronyms having to do with the same subject are banned from use here...
And many are rallying to support Stern, but not mad at Anandtech for banning the use of those acronyms?
Also, aren't the airwaves a public trust? Thus the FCC isn't interfering with 1st amendment rights so much as maintaining a level of decency accepted by a majority of society? I might be wrong... I'm not going to bother searching. But, it's about the same situation as here... a certain level of decency is being maintained for the majority of users.
I don't believe this to be true. The airwaves, and sky for the matter, are regulated by the government. You have no right to use CC radio network to get your message out, just like you have no right to be printed in the LA Times, or no right to appear on CNN and speak about anything. You can shout from the rooftops and say it on the street or apply for permits to build your own radio network, but the first amendment doesnt say you are guaranteed access to any particular communication medium.
This seems to be a contractual dispute between CC and Howard Stern, not 1st ammendment issue. Stern has a contract with CC, and there may be some stipulations about conduct etc. I don't care one way or the other, but FCC could be challenged by CC, but they apparently chose not to.
I'm sure some budding lawyers could give us more insight.
