The Lincoln Plawg - the blog with footnotes

Politics and law from a British perspective (hence Politics LAW BloG): ''People who like this sort of thing...'' as the Great Man said

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Monday, December 06, 2004

FCC indecency censorship again

Remnants from a piece that died when the damned machine crashed:

Fox appealing against the Married by America fine (NAL), citing constitutional grounds.

(Difficulty of challenges: FCC entitled (I believe) to freeze action on other issues whilst they are pending.)

On satellite,
On Oct. 29, [Saul] Levine, the president of Mt. Wilson FM Broadcasters, filed a Petition for Rulemaking to amend Part 25 of the FCC’s pending satellite radio rules to include an indecency provision.

Challenging this petition may be a way of litigating the constitutionality of FCC indecency censorship without triggering such a freeze.

(Disney were lobbying for extending censorship to cable: May 25.)

Mikey Boy Powell had an op-ed in the Times on Friday: he says he is opposed to extending FCC censorship to cable and satellite; he suggests that
If one slices through the rhetoric, you'll find that most opponents of the agency's strong enforcement efforts believe that the government simply should not impose any decency standard at all.

My view: those opponents are kidding themselves if they think that the Comstock Crusade can be turned back short of striking down the whole censorship regime.

Watch out for personnel changes: Martin, Copps and Abernathy took office in mid-2001 for a five year term. Adelstein, for reasons not made clear, took office in December 2002, but was renominated and reconfirmed in November 2004 - no idea when his term expires; Powell was appointed by Clinton in 1997, made Chairman in January 2001 - apparently, his term expires in 2007 (he must have been renewed - whatever the technical term - in 2002, though his bio says nothing about this).

One can't see the Bozellite shop steward Copps doing other than going hell for leather in the time remaining to him. There will be no end of Congressional support for the Crusade - surely another attempt to ramp up maximum fines.

Will the broadcasting worms turn?

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