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- Newsgroups: rec.org.mensa
- Path: sparky!uunet!world!rhs
- From: rhs@world.std.com (Richard H Schwartz)
- Subject: Re: Howard Stern
- Message-ID: <BzvrzG.7p@world.std.com>
- Organization: The World Public Access UNIX, Brookline, MA
- References: <92358.142002FDMWINK@UCF1VM.BITNET> <1992Dec24.175522.297@cbnewse.cb.att.com>
- Date: Sat, 26 Dec 1992 19:11:40 GMT
- Lines: 49
-
- gmark@cbnewse.cb.att.com (gilbert.m.stewart) writes:
-
- >In article <92358.142002FDMWINK@UCF1VM.BITNET> <FDMWINK@UCF1VM.BITNET> writes:
- >>And equal access is the key. Since the electromagnetic spectrum can only
- >>(given the current technology) be cut into so many piece, the Federal
- >>government has asserted its _responsibility_ to regulate the "air waves" as
-
- >It has assumed this "responsibility". This is quite different from being
- >given this responsibility by the public. I personally did not delegate
- >any of my freedom of choice to another person, let alone a government
- >agency.
-
- Whether you, I, or anyone else "personally" granted such, the laws as
- passed by the process we endorse through our citizenship under the
- Constitution *have*. That aside, I agree with you: there are severe
- limits to the government's rights and responsibilities with respect to
- the airwaves. It is not a question of whether the government has any
- such rights... It does. It is a question of whether the government is
- acting within those rights... I don't believe it is.
-
- IMHO, the government's responsibility for technical management of the airwaves
- is clear in its benefits. Less clear, but apparent from judicial precedent,
- is the government's right to regulate content in any public forum -- but only
- under very specific circumstances: i.e., the "clear and present danger" test.
- I don't think that Howard Stern's on-air conduct presents a clear and present
- danger to anyone, therefore he should not be subject to sanctions or
- censorship.
-
- Also less clear, but apparent from judicial precedent, is the government's
- right to regulate access to certain public forums. Such licensing must
- be non-discriminitory, and even public safety issues have been found to be
- insufficient grounds for denial of license (e.g., numerous Klan rallies
- are granted permits...). Essentially, when the FCC fines a broadcaster for
- obscene content, it is imposing a fine for violation of terms and conditions
- of the broadcasting license. Such terms and conditions would seem to
- constitute prior restraint on speech. Courts, however, have held that
- this restraint is permissible in certain limited circumstances. In other
- cases where obscenity has been considered grounds for prior restraint, the
- "community standards" test has been applied. Given Stern's huge listernship,
- it is clear to me that his broadcasts meet the standards of a substantial
- community. Therefore, neither he nor Infinity Broadcasting should be
- considered to be in violation of the terms of their license.
-
- Don't know whether the nine black robes down in Washington would agree.
- --
- Richard H. Schwartz, Scheduling Systems Inc.,
- 1000 Massachusetts Avenue, Cambridge, MA 02138
- (617) 864 8330; FAX (617) 864 8377
- rhs@world.std.com
-