SEC. 326. [47 U.S.C. 326] CENSORSHIP. The Communication Act of 1934
There it is in black and white - direct from the law itself.
So, let me break down this sentence a little more specifically:
NO...CONDITION SHALL BE PROMULGATED...BY THE COMMISSION WHICH SHALL INTERFERE WITH THE RIGHT OF FREE SPEECH BY MEANS OF RADIO COMMUNICATION.
Now, I’m not a lawyer - but I think I can read.
And the way I read this makes me wonder if the Federal Communication Commission hasn’t broken the spirit of this law by creating a current environment - a condition - which includes:
1. A rash of fines closely issued in proximity to each other over issues of indecency
2. For the specific and sole purpose of intimidating broadcasters and
3. Appeasing lawmakers and a portion of a vocal public
That’s the way I see it and I think the argument could be made that the F.C.C. - in an over-zealous response to a bloated wave of criticism originating with the Superbowl Breast Incident - is indeed guilty of creating a “condition” which has put broadcasters on the defensive to the extreme, in fear of being fined and possibly losing broadcast licenses.
Just because it is a governmental regulatory body, no one should automatically assume it is always right or just. One could argue by using its powers at this time to penalize with fines - in the quantity and amount being issued - it has created a climate of intimidation, flamed by the over-reaction of some lawmakers and some of the public.
The F.C.C. certainly has no standing to use its regulatory powers to this end. Yet, that's the impression I've gotten from the agency's recent behavior.
In a sense, it's almost procedural terrorism.
I suggest the agency has created a "condition" where the real effect is manifested as censorship, and under the Communication Act of 1934, is illegal.
But, then again....I’m not a lawyer....that’s just my opinion.
