LixyChick,

I’d like to qualify a number of points you raised.

“Popular opinion has not changed all that much.” The Republican Party won a majority of the votes cast for Congress for the first time since 1946 in 1994. It has since increased its majority in the House, taken the majority role in the Senate, and elected and re-elected a Republican President. During this period the Republican Party has added to the number of states run by Republicans. In a representative democracy, the elected officials approximate the opinions of the electorate. I would suggest that popular opinion has demonstrably shifted to the right over the last decade.

“If we can't stand up and proclaim out “right to free speech" in a circumstance that will effect so many more than just ourselves...we have no such thing as free speech!” No American has an absolute right to free speech. Alternatively, everyone has an absolute right to free speech, if by ‘free speech’ you include the freedom to stand up in a crowded theatre and scream “Fire!” – but then you are indeed responsible for your actions. Such an action could land you in prison for a considerable time if you are held responsible for anyone who may be injured or die in a resultant panic.

“And...WHAT'S NEXT? After all is hunky dory on the airwaves...are they looking to book banning/burning again?” Equating or closely associating regulating the radio spectrum and book burning requires a leap of faith that I, at my advanced age, am unable to successfully complete. You may or may not be aware that neither Mr. Stern nor Infinity Broadcasting own the radio frequencies used to broadcast his show. Infinity Broadcasting applies to the Federal Communications Commission (FCC) for a license to use a piece of the radio spectrum. The radio spectrum in the United States is owned by the government of the United States, as is true for each sovereign nation. The U.S. Congress has delegated the responsibility of regulating this interstate commerce by several acts of congress to the FCC. The FCC’s authority is limited by the bills passed by Congress and signed into law by the President. The Department of Labor (DOL) and the Department of Commerce regulate many aspects of our work lives. They can, and do, bring the coercive power of the state to bear upon people and businesses who fail to conform to currently accepted standards. The same is true for the FCC in its regulation of the radio spectrum. The Department of Transportation (DOT) regulates many aspects of commercial transportation. Examples are how many hours a trucker can drive without a break, and how many hours a pilot must rest between extended flights. Environmental regulations which cost many millions of dollars every year to accommodate were proposed, and following review, are enforced by the Environmental Protection Agency (EPA). I happen to approve of these regulations, but I know people who do not. The Bureau of Mines regulates mining in the U.S., etc. Bureaucrats are not elected, but they get their authority from those who were. That is how U.S. governments work.

“If the FCC had jurisdiction to do what they intend to do...they wouldn't need an act of Congress to say ok.” All regulatory agencies require Acts of Congress to enforce their regulations. An aggrieved individual or business may bring suit against these bodies in Federal court at any time, and this happens frequently. If the judge rules against the agency, the agency may either change the regulation to bring it into compliance with existing law, appeal the decision to a higher court, or petition Congress to amend the law to authorize the regulation and the enforcement.

My grandfather used to say “One man’s meat is another man’s poison.” While you and I may be more or less uncomfortable about the FCC’s new enforcement powers, I point to the first paragraph above to remind you that the people who elected the people who are passing the laws don’t agree with us. They think it is a good idea, not a bad idea to limit the range and styles of expression which may be broadcast. Mr. Stern has made an eminently sensible decision to relocate his show to a venue beyond the grasp of the FCC. More power to him!