[EAS] Compulsory carriage of EAS messages is unconstitutional

[John Willkie]

Clay;

If the program is voluntary, then "mandatory messages" can be avoided by complying in the minimal way: having an EAS receiver and going off the air when/if.

But, just because something has been unchallenged makes it licit for the time being.  I will concede that "Commander In Chief" messages appear to be required to be carried by stations with EAS gear, but that authority comes from the President's executive authority under the constitution more than it does from the Communications Act.

John

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> John- Some EAS Messages are already mandatory - In the case of an EAN every
> broadcast and cable system is required to run this 'speech'
>
> I have yet to hear of anyone challenging this one.
>
> Clay Freinwald
>
> There has been a round of discussions here that carrying EAS messages should
> be compulsory, and that the "NAB drags it's feet on this."
>
> Government mandating ANY speech on a person or business is called, by legal
> beagles "compelled speech." Here's a precis of a recent case more or less
> on point
> http://www.firstamendmentcenter.org/high-court-takes-up-case-on-compelled-sp
> eech