[Vision2020] IS THIS TRUE ? ! ? !

Ted Moffett starbliss at gmail.com
Wed Jan 10 15:01:19 PST 2018

Vision2020 Post: Ted Moffett
KRFP it can be argued operates in a "public" space entirely, though the law
on this issue may be more complicated than I am implying.. The station is
FCC licensed and regulated, using the public airwaves. It is not a
privately owned FCC licensed for profit radio station.

The following is from the FCC website:


The FCC and Freedom of Speech

The Federal Communications Commission receives numerous complaints that
television and/or radio networks, stations or their employees or guests
have broadcast extreme, incorrect or somehow improper political, economic
or social statements.

In some cases, the complaints allege that certain broadcast statements may
endanger the United States or its people, or threaten our form of
government, our economic system or established institutions like family or
marriage. They say these statements are “un-American” and an abuse of
freedom of speech. The FCC also receives complaints that some broadcast
statements criticize, ridicule, “stereotype” or demean individuals or
groups because of the religion, race, nationality, gender or other
characteristics of the group or individual. Finally, many consumers
complain that television or radio broadcasts are obscene, indecent, profane
or otherwise offensive.
What is the FCC’s Responsibility?

The FCC is barred by law from trying to prevent the broadcast of any point
of view. The Communications Act prohibits the FCC from censoring broadcast
material, in most cases, and from making any regulation that would
interfere with freedom of speech. Expressions of views that do not involve
a “clear and present danger of serious, substantive evil” come under the
protection of the Constitution, which guarantees freedom of speech and
freedom of the press and prevents suppression of these expressions by the
FCC. According to an FCC opinion on this subject, “the public interest is
best served by permitting free expression of views.” This principle ensures
that the most diverse and opposing opinions will be expressed, even though
some may be highly offensive.

The FCC, however, does have enforcement responsibilities in certain limited
instances. For example, the Courts have said that *indecent material* is
protected by the First Amendment to the Constitution and cannot be banned
entirely. It may be restricted, however, in order to avoid its broadcast
when there is a reasonable risk that children may be in the audience.
Between 6 A.M. and 10 P.M. (when there is the greatest likelihood that
children may be watching,) airing indecent material is prohibited by FCC
rules. Broadcasters are required to schedule their programming accordingly
or face enforcement action. Similarly, the Commission has stated that *profane
material* is prohibited between 6 A.M. and 10 P.M.

Finally, the courts have ruled that *obscene material* is not protected by
the First Amendment and cannot be broadcast at any time. For more
information about these rules, see our consumer guide
What Are the Broadcasters’ Responsibilities?

Individual radio and television station licensees are responsible for
selecting all broadcast matter and for determining how their stations can
best serve their communities. Broadcast licensees are responsible for
choosing both the entertainment programming and the programming concerning
local issues, news, public affairs, religion, sports and other subjects to
be aired by the station. They also decide how their programs, including
call-in shows, will be conducted and whether or not to edit or reschedule
programs or material (for example, moving a program to a time slot during
which children may not be listening or watching).
What If I Have a Comment and/or Concern About a Specific Broadcast or

If you consider a broadcast obscene, indecent, or profane, you can file a
complaint with the FCC.
Print Out

FCC and Freedom of Speech Guide
<https://transition.fcc.gov/cgb/consumerfacts/freespeech.pdf> (pdf)
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