The Lincoln Plawg - the blog with footnotes
Tuesday, April 13, 2004
Why can't Stern sue Clear Channel?
A Findlaw piece (April 13) suggests why not.
Pity there's nothing (that I've found) that addresses the more pertinent question: how Viacom/Infinity can sue the FCC.
I wonder whether the key lies in the odd structure of the law on broadcast indecency. As I've mentioned several times before, the basic law in 18 USC 1464 - standing in the criminal title of the Code - provides for a jail term for infringements. There's no particular indication in that law as to the mode of enforcement. The FCC regime of enforcement, though based on the criminalising of indecency in that law, is a code on its own, with penalties - not including jail! - completely separate from §1464 .
My hunch is that some leverage is to be found in the interstice  between the two legislative codes.
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