Reply #122: looks like the fcc could give a crap about death threats

[orleans]

http://www.fcc.gov/mb/enf/forms/pubv.html

"FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554

Mass Media Bureua
Publication V



VIOLENCE OR OTHER ILLEGAL ACTIVITY
This is response to the concerns about talk show hosts and other persons who broadcast statements that could incite violence or other illegal activity.

The Federal Communications Commission is responsible for the licensing and regulation of radio and television broadcast stations and for assuring that they comply with Commission rules and statutory requirements. Generally speaking, however, the Commission is prohibited from involving itself in the content of specific programs or otherwise engaging in activities that might be regarded as program censorship. Consequently, the Commission cannot direct broadcasters to refrain from presenting this kind of program material.

With respect to broadcasts inciting violation of law, the First Amendment permits free speech to be curtailed when it is directed toward inciting or producing dangerous activity and is likely to produce such action. Other than under these circumstances, mere advocacy of the use of force or of law violation is protected by the Constitution.

Even where the so-called "clear and present danger" test is met, the Commission believes that any review leading to a curtailment of speech should be performed by the appropriate criminal law enforcement authorities. Accordingly, it is up to federal, state, or local criminal law enforcement agencies to analyze the content and context of the speech and to determine whether there is a clear and present danger that it will result in imminent lawless action."




and check this out--it looks like the fcc did shit when there were death threats to muslims on the boston airwaves.

http://www.fcc.gov/eb/Orders/2004/DA-04-2120A1.html

"This matter involves a number of similar
complaints alleging that, on or about April 22, 2004,
Station WTKK(FM) broadcast comments by a talk show host in
which he advocated violence against Muslims.3
Specifically, the complaints allege that the host stated
over the air, ``I believe that Muslims in this country are
a fifth column . . . You believe that we should befriend
them. I think we should kill them.'' The complaints also
allege that the host advocated dropping bombs in the Middle
East to kill Muslims. The complainants generally express
outrage that Station WTKK(FM) broadcast such inflammatory
speech, and many of them request that the Commission assess
a fine against the station and/or prohibit future
broadcasts of such language."

and the conclussion:
"ACCORDINGLY, IT IS ORDERED, pursuant to sections
0.111(a)(11) and 0.311 of the Commission's rules,7 that the
above-described complaints filed against Greater Boston
Radio, Inc. are hereby DENIED."


gee, i don't know. maybe i'm reading the two pages all wrong. but i don't think so.