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Airwaves are not protected by the 1st amendment, due to the limited amount of bandwidth that physically exists. As such, the FCC has extraordinary powers, inclu

Airwaves are not protected by the 1st amendment, due to the limited amount of bandwidth that physically exists. As such, the FCC has extraordinary powers, including enforcing watersheds, forcing children’s content hours (“E/I”), censoring the F-bomb, and enforcing a 7-second delay on live content to prevent another Timberlake Super Bowl. The first amendment also does not apply to highway billboards; which is why you never see a vagina on the roadway. Not all government control of speech is oppressive or inconsistent.

SpicyLemonZest 7mo ago
The FCC has a number of extraordinary powers over the broadcast spectrum, but they do not include viewpoint discrimination, which has always been seen as uniquely odious and different than indecency restrictions. As held in Shurtleff v. Boston, even the much more limited medium of a government-owned flagpole in front of a government building cannot be subject to viewpoint discrimination. If the public is allowed to speak freely in a particular medium, the government may not rescind that permission based on whether their message is true or fair or in the public interest.
- soneil 7mo ago
  I think "odious" really undersells it. A free press is an important part of a functioning democracy. What's the use in being able to vote against people doing wrong, if no-one's allowed to tell you about the wrong?
  - SpicyLemonZest 7mo ago
    It's important not to concede the premise that First Amendment protections are subordinate to the public interest at all. Carr argues in his statement, after all, that the FCC has to take action because the public is losing faith and confidence in the media altogether. But even if the FCC can produce a detailed, convincing explanation of how American democracy will suffer if they're not allowed to block certain viewpoints from the airwaves, they still can't do it.
notyourwork 7mo ago
Why do airwaves matter? I get cable over the internet. Technology constraints shouldn’t me what allows laws to undermine democracy.
- SpicyLemonZest 7mo ago
  The licenses in question here are only relevant to the airwaves. An FCC license isn't required to send you news over cable or the Internet.

SpicyLemonZest 7mo ago

The FCC has a number of extraordinary powers over the broadcast spectrum, but they do not include viewpoint discrimination, which has always been seen as uniquely odious and different than indecency restrictions. As held in Shurtleff v. Boston, even the much more limited medium of a government-owned flagpole in front of a government building cannot be subject to viewpoint discrimination. If the public is allowed to speak freely in a particular medium, the government may not rescind that permission based on whether their message is true or fair or in the public interest.

soneil 7mo ago
I think "odious" really undersells it. A free press is an important part of a functioning democracy. What's the use in being able to vote against people doing wrong, if no-one's allowed to tell you about the wrong?
- SpicyLemonZest 7mo ago
  It's important not to concede the premise that First Amendment protections are subordinate to the public interest at all. Carr argues in his statement, after all, that the FCC has to take action because the public is losing faith and confidence in the media altogether. But even if the FCC can produce a detailed, convincing explanation of how American democracy will suffer if they're not allowed to block certain viewpoints from the airwaves, they still can't do it.

notyourwork 7mo ago

Why do airwaves matter? I get cable over the internet. Technology constraints shouldn’t me what allows laws to undermine democracy.

SpicyLemonZest 7mo ago
The licenses in question here are only relevant to the airwaves. An FCC license isn't required to send you news over cable or the Internet.