Michael Powell to resign?

Sid Schweiger sid@wrko.com
Sat Jan 22 16:33:52 EST 2005

>>But the FCC has gone wrong in not being more specific and in their
cowardly stance that they won't take a position on anything until they
get complaints.<<

Unfortunately, that has more to do with the judicial history of the
First Amendment than anything else.  The principle you espouse (known as
"prior restraint") is something the courts and therefore Congress have
been historically reluctant to impose.  Powell was probably right not to
go down that road by, for example, stating before the airing of "Saving
Private Ryan" that it would or would not be considered indecent.  It
would obviously be enormously convenient to broadcasters to be told
where the line is, instead of finding out where it is only after they've
stepped over it.  Certain courts in Massachusetts can lawfully issue
"declaratory rulings" that something is or isn't constitutional, and it
would be nice if we could have something like that at the FCC.

Sid Schweiger
IT Manager, Entercom Boston LLC
20 Guest St / 3d Floor
Boston MA  02135-2040

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