The arbitrary and capricious use of the Administration Procedures Act [APA] by the Federal Communications Commission [FCC] is under attack--properly so, morally speaking--by many broadcast and cable networks. The airwaives have always been said to be owned by the "people" because of the limited number of them available, which made the FCC the arbiter of which companies got rights to the limited number of channels.
It is no longer the case that there are a limited number because UHF channels can be extended in number to cover new channel needs. But the FCC has decided that what once was the responsibility of the broadcasters to prevent "indecency" now covers live broadcasts wherein "fleeting expletives" are spoken by celebrities on live broadcasts are part of the "responsibility" of the networks to police.
The problem occurs with who is making the decision of what constitutes "indencency," and more importantly why.
By Don Watkins
As the Supreme Court prepares to hear arguments Nov. 4 in the so-called fleeting expletive case, Federal Communications Commission v. Fox Television Stations,* it’s clear that much more hinges on its outcome than broadcasters’ ability to air dirty words.
“The most important mistake that everyone in the political realm made is that they refused to name their enemies. The enemy is not terrorism. The enemy is totalitarian Islam. If you don’t name your enemy, you can’t fight it. I think the whole charade of the last seven years is a consequence of the fear that prevented us from naming them,” Dr. [Yaron] Brook said.
“[Totalitarian Islam] is a movement dedicated to totalitarianism: in that sense, it is not different than other totalitarian movements, like Communism or Fascism … totalitarianism means they want to control every aspect of your life,” Dr. Brook said. "New University" http://www.newuniversity.org/main/article?slug=club_objects_to_totalitarian166
* At issue: "Whether the FCC provided an adequate explanation, or instead acted arbitrarily and capriciously under the APA, in changing its policy to permit isolated uses of expletives on broadcast television to be considered "indecent" under federal law." http://www.firstamendmentcenter.org/faclibrary/case.aspx?case=Federal_Communications_Commission_v_Fox_Television_Stations_Inc_et_al
"Fox Broadcasting Co., along with ABC, CBS and NBC, challenged the new policy after the commission said broadcasts of entertainment awards shows in 2002 and 2003 were indecent because of profanity uttered by Bono, Cher and Nicole Richie.
"The case before the court technically involves only two airings on Fox of the "Billboard Music Awards" in which celebrities' expletives were broadcast over the airwaves. NBC is separately challenging an FCC decision that rapped the network for airing Bono's use of the F-word during a Golden Globes awards show in 2003." http://www.firstamendmentcenter.org/news.aspx?id=19804
Applications for the Charles G. Koch Summer Fellow Program are now online!
The Koch Summer Fellow Program is a paid, 10 week internship program that offers placements for students and recent graduates interested in federal or state public policy. All internships include participation in the Washington, DC opening and closing workshops, a $1,500 stipend, travel reimbursement, and housing (or a housing allowance).
Apply for one or both of the available tracks:
State-based Policy -- Placements available at policy organizations in over 40 states. www.TheIHS.org/statepolicy
Public Policy -- Spend the summer working at think tanks and nonprofit organizations around the Washington, DC area. www.TheIHS.org/publicpolicy
For more information or to apply online, please visit the program website at www.TheIHS.org/intern or apply directly at www.TheIHS.org/myihs/. Deadline: January 31, 2009.
The Koch Summer Fellow Program is a paid, 10 week internship program that offers placements for students and recent graduates interested in federal or state public policy. All internships include participation in the Washington, DC opening and closing workshops, a $1,500 stipend, travel reimbursement, and housing (or a housing allowance).
Apply for one or both of the available tracks:
State-based Policy -- Placements available at policy organizations in over 40 states. www.TheIHS.org/statepolicy
Public Policy -- Spend the summer working at think tanks and nonprofit organizations around the Washington, DC area. www.TheIHS.org/publicpolicy
For more information or to apply online, please visit the program website at www.TheIHS.org/intern or apply directly at www.TheIHS.org/myihs/. Deadline: January 31, 2009.
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© 2008 by Curtis Edward Clark and Naturalist Academy Publishing ®
mailto:freeassemblage@gmail.com
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The Free Assemblage of Metaphysical Naturalists is the SM of
The Free Assemblage of Metaphysical Naturalists LLC.
The Academy of Metaphysical Naturalism TM,
The Academy of Metaphysical Naturalism Blogger TM, and
Academy of Metaphysical Naturalism Blogger Extra TM are the educational arms of the LLC and are:
© 2008 by Curtis Edward Clark and Naturalist Academy Publishing ®
mailto:freeassemblage@gmail.com
http://freeassemblage.blogspot.com/