To BS or not to BS, that is the question
The FCC has asked a federal court to delay action by three network affiliates appealing a recent indecency order so it can hear the affiliates’ arguments and reconsider the case. The ABC, NBC, and CBS affiliates concurred; Fox’s stations did not. I need an attorney with experience here to explain what this means. Should we smell a rat? The FCC has studiously avoided court tests of its indecency rulings and I wonder whether this is another effort to sidestep the Constitutional challenge that is inevitable. I still want to take the FCC to court in defense of bullshit. ACLU, networks, political groups, anybody want to help?
Tags: Howard_Stern
July 6th, 2006 at 6:50 am
In my completely unscholarly legal opinion, I’m guessing that the FCC is looking to settle out of court to avoid any court challenge that would reveal the unConstitutionality of their obscenity rules.
July 6th, 2006 at 9:14 am
[...] "Today the Commission, supported by the ABC, NBC and CBS affiliates, filed a motion for voluntary remand and stay of briefing schedule in Fox Television Stations, Inc. v. Federal Communications Commission," the commission said in a statement. "It did so at the request of broadcasters who complained they did not have the opportunity to be heard by the Commission before it issued its decision in its "Omnibus" order in March. Additionally, the remand would allow the Commission to hear all of the licensees’ arguments which is necessary for the broadcasters to make these same arguments before the Court." (Via Buzzmachine ) FCC, freedom of speech, Government Regulations, The Constitution, The Decency Act [...]
July 6th, 2006 at 1:16 pm
I’d love to “help.” Are you asking for a contribution?
July 7th, 2006 at 12:20 pm
Rich, you may be right. I am not at all surprised that the FCC would reconsider its own arbitrary and subjective decisions in light of their unconstitutionality. Maybe it remembered that it has a duty to preserve, protect and defend the Constitution, not subvert it.
Check out TV Watch, at http://www.televisionwatch.org, for common sense answers to TV indecency questions.