Listener cannot force FCC to take action
Article Abstract:
The US Court of Appeals for the DC Circuit dismissed a request by a National Public Radio (NPR) listener to review an FCC refusal to discipline for an 'All Things Considered' segment using allegedly indecent words. The segment was on John Gotti and excerpted a telephone conversation in which he used an obscenity several times. The FCC ruled the words used were not 'patently offensive' and declined to interfere with the program's editorial judgment. The court ruled the listener lacked constitutional standing to question the FCC decision since he had not been damaged by the broadcast.
Publication Name: News Media & the Law
Subject: Literature/writing
ISSN: 0149-0737
Year: 1993
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Court upholds FCC enforcement procedure
Article Abstract:
The US DC District Court in ACT v. FCC has rejected broadcasters' claim that FCC fining of broadcasters in violation of federal indecency standards constituted prior restraint and informal censorship without judicial review. The court found that the FCC procedure was constitutional. The judges noted the FCC rules did not ban indecent programs completely but only during the hours from 6 AM to 8 PM when they are more accessible to children. The court also noted that broadcasters qualify for only limited First Amendment protection since they use a limited public resource.
Publication Name: News Media & the Law
Subject: Literature/writing
ISSN: 0149-0737
Year: 1993
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FCC claims sole authority over ad disputes
Article Abstract:
The Federal Communications Commission (FCC) claims it has sole authority to decide disputes between political candidates who think television stations have charged them too much to run their political ads and the stations who are required by the Communications Act of 1934 to charge political candidates the cheapest advertising rates. The FCC began investigations in Jul 1990 and, out of 30 radio and television stations audited, took some form of action against half of them. The FCC also intervened in judicial proceedings in Alabama on this issue.
Publication Name: News Media & the Law
Subject: Literature/writing
ISSN: 0149-0737
Year: 1992
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