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The FCC shall make no rule... by Jeff Jackson (02/23/04)
The Land of the Free - A Conservative Politics Web Site

With the Communications Act of 1934, Congress created by law the Federal Communications Commission. Since that time this law that created the FCC has violated Constitutional Law. With recent flaps over the Jackson/Timberlake bare breast fiasco during the 2004 Super Bowl and the vulgarity of radio personalities such as "Bubba the Love Sponge" the FCC has called for higher fines on offensive behavior and "bad" language. The claim is that such things are not fit for the public airwaves and that because of such the offenders must be punished with fines.

There is a problem however and that happens to be the first Amendment to our Constitution.

"Congress shall make no law ... abridging the freedom of speech"

Whether the FCC realizes it or not, they are the result of a law of Congress and are also bound by this same rule of Constitutional Law. Apparently they don't understand this however because they continually promote not only fining radio and broadcast TV stations but now promote increasing these fines to further discourage "offensive" behavior. The continually promote punishing "free speech".

Their arguements range from the laughable to outlandish but mostly come down to one common theme; some things are just not appropriate for the public airwaves. And since the "public" airwaves are "public" property, someone has to regulate them. A noble cause, but not necessarily one that an arm of Congress should be involved in dictating.

When we talk about instances such as the Jackson/Timberlake display which amounts to borderline pornography being broadcast over the public airwaves that is one thing - it ISN'T "speech" by any stretch of the term. But when we talk about "offensive" language that is another issue all together - it IS "speech" by any stetch of the term.

And no matter what we personally think about "filthy" words or descriptions being used, the first Amendment was and still is clear; Congress shall make no law. "No" is a fairly absolute term. And to steal a phrase, "No means NO!". The first Amendment does not say Congress shall make no law abridging the freedom of speech except where Congress feels that it must. No, it says plainly Congress shall make NO law.

How "offensive" words are to someone's virgin ears is not an issue that the first Amendment and Constitutional Law recognizes. How one "feels" about the use of certain words is likewise not an issue that the first Amendment and Constitutional Law recognizes. Because once we start drawing the line as to what is and is not acceptable speech without regard for the absoluteness of the first Amendment that line is too easily redrawn in the furture. Today the line is drawn to encompass "swear" words. Tommorrow the line is redrawn to encompass words that are "hurtful" or make someone feel "Hated"...oops too late we already have breached the realm of "hate speech". Tommorrow the line is drawn to encompass any negativity about anything the government does. Get the idea?

No means NO!

The FCC in order to make itself more relevant however has taken the stance that they actually ARE allowed to regulate speech as they see fit by levying fines against "offensive" language and even threatening to pull one's broadcast license. And it is a clear example of how Congress attempts to skirt it's Constitutional limits by creating a new entitity of Government to infringe upon the rights of Americans. It is a clear example of how Congress bestows power, by law, to an agency of government that they created without regard for how un-American it is.

It is a clear example of how when we are not vigilant and choose to give up essential liberties we lose our rights slowly; one good intention after the other.