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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 unique
by SpicyLemonZest 8mo 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 8mo agoI 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 8mo agoIt'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.