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Ernest Miller Ernest Miller pursues research and writing on cyberlaw, intellectual property, and First Amendment issues. Mr. Miller attended the U.S. Naval Academy before attending Yale Law School, where he was president and co-founder of the Law and Technology Society, and founded the technology law and policy news site LawMeme. He is a fellow of the Information Society Project at Yale Law School. Ernest Miller's blog postings can also be found @
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March 10, 2004

FCC Indecency Rulings Politically Determined?

Posted by Ernest Miller

If you care about freedom of expression, go read the latest Jeff Jarvis on the whole FCC/indecency mess (The daily Stern - March 10, 2004). This especially ticks me off:

Howard Stern's source in the FCC tells him today that there have been meetings at a high-level in the agency strategizing when to fine Stern based on the impact it would have on the election of George Bush. Some argue that fining him now will make him a martyr and help him rally voters against Bush; others say not fining him will make him look like a boy who cried wolf; others say they should get rid of Stern now because, to their surprise, much of his audience does vote. and he can have an impact on the election.
If that is true, that that could not be a clearer violation of the First Amendment: an agency of government using fines for political ends to affect political speech.
If that is true, if any such discussion occurred in the agency, then they should be hauled before Congress or courts right now.

Amen!

There is much, much more from Jarvis. Read it all.

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