[EAS] Fairness Doctrine backgrounder

[John Willkie]

M;

While all speech is essentially free, there are gradations of speech in terms of restrictions.  The highest level is ballot measures and candidates running for office.  At the lowest level (where a few restrictions other than the 'common' 'time, place and manner' restrictions, is "commercial speech."

The FCC's power under lowest unit cost rules comes directly from the beneficiaries -- the President and Congress.  It is also important to remember that since the FCC isn't an executive agency (Obama to the contrary), that means that it's a creature of Congress.

The lowest unit rule could be challenged as a "partial takings."  But, Congress could, in the meantime, cmake life more onerous otherwise for broadcasters.  Mark it up to "don't scare the horses."

The canard in this compelled speech feint is mandatory station ids.  I haven't looked into the litigation trail, but at first blush, its de minimus compelled speech, and basic identification, like a street address or the license plate of a car.

Best;

John Willkie

> No dispute here....
>
> However, I do find it interesting the government visa-vi the FCC compels
> licensees to carry the advertising of federal office candidates. More
> over, at lowest rate unit for cost.
>
> That would seem to be compelled speech far more than anything we have
> debated so far regardless of the fact there is compensation and no taking.
>
> MM

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