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Mr. Jackson,

I don’t think you realize what the intent of the founders actually is when they said “Congress shall make no law”.  First of all, the FCC is not Congress.  Second of all no where in the history of the founding of this country is there any suggestion that the founders meant “no” to mean absolutely no under all circumstances.

I think that you need to revisit your history and correct your article.

Other than that, I agree with most everything else on your site, but please correct this.



First of all Mr. XXXXXXX, let me thank you for visiting my site and taking the time to read the article entitled The FCC Shall Make No Rule.  I do however beg to differ with your interpretation of the meaning of the word “no” and the intent of the founders.

I draw your attention to the words of Mr. James Madison himself who brought forth the proposal of the Bill of Rights.  Mr. Madison said during his introduction “I will not propose a single alteration which I do not wish to see take place, as intrinsically proper in itself, or proper because it is wished for by a respectable number of my fellow-citizens; and therefore I shall not propose a single alteration but is likely to meet the concurrence required by the constitution”.  He further followed that up by proposing the following “The people shall not be deprived or abridged of their right to speak, to write, or to publish their sentiments; and the freedom of the press, as one of the great bulwarks of liberty, shall be inviolable.”

James Madison himself used the absolute term of “no” in describing the right of free speech and clearly stated that he was not going to propose anything more or less than necessary.  You can read the entire introduction to the Bill of Rights on this site if you have any doubts as to this context.

We also know that the final wording of the first amendment reads clearly “Congress shall make no law …  abridging the freedom of speech.”  Madison’s own wording was not used, however the effect is the same.  Now, if you have some evidence that the founding fathers did not mean “no” when they said “no” I will be happy to review it.  But I request that such evidence is not the opinion of a third party but actual words from the founders that shows that “no” in the first amendment means anything less than “no”.

Also too, please refer yourself to how the FCC was created.  It was created by an act of Congress in 1934 with the Communications Act of that year.  It was given legal authority by Congress and since then has been used to regulate free speech.  Without the CA of 1934 the FCC has no authority so yes, their regulations fall under the concept of the First Amendment.

I have also pulled out this article from my site back in 1996 that you may find illustrative in what happens when you replace “no” with “no unless we say so”.  Read When NO Means Maybe.

Thanks and hope you keep reading and I'll be awaiting those sources on what "no" actually means.

Jeffrey J. Jackson
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