How is is legal for the FCC to regulate television and radio?

Question

I'm stepping on the toes of (and will be paraphrasing) George Carlin when I ask this, but I've yet to recieve an actual answer.

How is it that "the FCC, an unappointed body, not elected, decided all on it's own that television and radio were the only two parts of American life not governed by the free speech provision of the first amendment to the Constitution?"

I just don't understand what made the regulation of public television and radio legal. The first amendment says "Congress shall make no law...abridging the freedom of speech." So, how is it that the Federal Communications Commission can regulate what people say or do on public television and radio?

I ask purely in the interest of intellectual enlightenment on my own part, and not to try to start an argument. I really would like to know.

~Premetheus

Answer 1

First of all, broadcasting moving pictures is not "speech". Speaking is speech. Publishing is also historically accepted as "speech". The same assumption is not yet extended to TV and Radio, so regulating TV and Radio is not technically abridging the freedom of speech.

Second of all FCC was empowered to regulate the TV and Radio by Congress see acts 47 U.S.C. § 151 [1] and 47 U.S.C. § 154.[2]
It is legit.

Answer 2

The FCC can govern the radio waves and television waves (and cable programming) because these forms of media can potentially violate some aspects of the freedom of speech. The first amendments give you the right to the freedom of speech, but like every right protected in the amendment, there are limits. If freedom of speech were absolute, then we wouldnt have defamation, slander and things of that nature because ANYTHING ANYONE said would be legal, which of course, is not the case.
This is essentially the same concept adopted with the FCC in television and radio. Since the freedom of speech is not absolute, there must be some governing body that monitors that right. Thus, the FCC regulates and monitors the use of radio and television in carrying out messages that fall under the freedom of speech. However, in some cases (Janet Jackson to name a well-known case among other TV and radio violations) that freedom is violated and must be dealt with, and in our country, the government is responsible for overlooking and punishing those types of situations.
So basically, the 1st amendment does state the right to freedom of speech as well as others, but these freedoms are not strict and absolute, there are boundaries and the FCC was formed to determine when that boundary has been crossed.

Answer 3

The government licenses the rights to use specific frequencies to radio and TV stations. The act of licensing gives them the power to regulate.

The irony is that the very same liberal morons who scream about censorship are the ones that established the censors. "For the public good."

Answer 4

once you lack the intelligence and credibility in what you do and say, what different option are you able to apply to maintain potential different than censorship? Edit Meredith, you act like Obama isn't a wealthy demon-crat and that wealthy demon-crats do no longer use the make the main the unfavourable for his or her very own earnings...even nonetheless the wealthy demon-crats publicly stand with Obama with smirks on their faces admitting they do no longer pay their honest share of taxes and don't have the character and integrity to do what they believe is right.

Answer 5

its a balance between freedom of speech and the right for someone to not be offended by someone else. i guess when the government is currently run by religous zealots the later right wins out

Answer 6

I agree with hq3, his answer was quite correct and to the point.

The public airwaves are just that: public. If you want to say anything you want, then go get your own airwaves. Don't use those owned by the US government.

Answer 7

Bush team laws

Answer 8

stupid.
television and radio is usefull for final FiFa WC

Answer 9

Go ask Howard Stern, I am sure he can tell you

Answer 10

hg3 answered this question very well! (great answer)

I vote that he gets the 10 points!