FCC regulations??

SPC 4930
April 09, 2002
Case Study #3

In Favor of the FCC:
1. Branch did not engage in responsible programming.
2. Branch openly refers to colored people with the use of racial terminology.
3. FCC has a job to regulate what is being played on open airwaves.
4. WITE?s license requires it to serve the public interest.
5. Broadcasting has always been subject to harsher restrictions than any other form of media.
6. WITE?s open advocacy of white supremacist beliefs played a substantial role in Martin?s murder.
7. Branch makes statements alluding to the fact that all non-whites should be eliminated.
8. Oxford and Montgomery claimed to have learned most of what they know from listening to Branch?s show.
9. Many area residents of a wide racial/ethnic background complained about the station?s programming from the start.
10. Branch refused to condemn the murder as wrongful act, therefore suggesting that it might be acceptable.

In Favor of Branch/WITE:
1. Branch is not responsible for the actions of other people.
2. Branch is free to hold any beliefs he feels are right, so long as he doesn?t personally, physically harm another person.
3. WITE?s status as the #1 station shows that it was giving the majority of the community what they wanted to hear.
4. The FCC is attempting to play favorites with the 1st Amendment by not bringing to trial those stations which portray certain political beliefs, etc.
5. No station?s license should be held hostage to the political whims of a community?s minorities.
6. The beliefs expressed on air by WITE were already widely circulated and supported within the community.
7. Branch provides an open forum for the citizens of the community to express ideas and concerns.
8. If you don?t like it, don?t listen.
9. Montgomery and Oxford admitted to hating black people. Such concepts are not inflicted upon someone simply from listening to a radio station. They had these views beforehand.
10. The station can?t take the blame/credit for what Montgomery and Oxford learned about race relations via listening to their station.




ESSAY

In America, freedom is not about whether or not you agree with a particular cause or subject. It is about whether or not you agree with a person?s right to chose, a person?s right to feel, or a person?s right to hold an opinion. As Americans, we are free to be Jewish, we are free to have an abortion, we are free to hold racist viewpoints. One does not have to agree with any of these things; one simply must recognize that being in America entitles us to such freedoms.
So often, this court must make rulings based on this fact. While it is the opinion of the court that racial attitudes and beliefs are wrong, it is also the opinion of this court that Americans are free to hold them should they so desire. Branch?s persistent messages of racial hatred and suggestions that non-whites should be eliminated are profoundly offensive, and they go against the civil rights movement that defines this country as it is today. However, Branch is free to feel whatever he wants. Branch himself did not go out and kill anyone, and although it has been suggested that a murder occurred as a result of his radio station, WITE, the court does not believe that this murder would not have happened in the absence of said station.
While this court fully supports and believes in basic 1st Amendment rights, I cannot ignore the guidelines imposed upon radio under the FCC regulations. The radio airwaves are held to a much higher standard than that of other forms of media. This is due in part to the fact that children can easily access a radio from nearly anywhere. We have a right to protect our children. On the Internet, responsible parents can use censoring programs. On television, they can choose to not subscribe to potentially damaging channels. On the radio, however, there are no such choices. If you have an operational radio, you can hear any channel within listening distance with the turn of a knob. Responsible programming is a necessity, and anyone who owns a radio station has been made fully aware of the heightened radio policies.
It is the decision of this court to return WITE?s license to operate, effective immediately. However, the $30,000 fine remains in effect. Branch clearly violated his contract with the FCC by broadcasting racial slang, promoting violence and hatred, and blatantly disregarding his responsibility as a public figure to condemn the committing of violent crimes. He also ignored his responsibility towards the children of this community by broadcasting such derogatory things during a mid-afternoon talk show, when children are most apt to be listening. For these violations, Branch must pay the price.
From a moral and personal standpoint, the court would like nothing more than to see Branch off-air, permanently. However, the court cannot silence Branch simply because it does not agree with what he promotes. The court will return Branch?s license, upon Branch reviewing and agreeing to the policies enforced by the FCC. The FCC is the law of radio, and to have a radio station, you must abide by these laws. If Branch appealed to this court with intentions of overturning the FCC regulations, he is sure to be disappointed. Despite Branch?s offensive radio content, he is free to broadcast his racial views and his opinions. However, he must not use derogatory slang, promote violent hate crimes, or suggest the elimination of citizens based on race, creed, or color. He must abide fully by the guidelines imposed on him by the FCC, or will find himself facing numerous other fines and potential permanent disbandment from the radio.
The FCC requires that all broadcasters protect the public interest and engage in responsible programming. Due to the fact that Branch?s station is widely popular, it is the opinion of the court that the public is entertained and generally not offended. Branch is giving most people exactly what they want, and have the right to, hear. The fact that the court does not agree from a moral standpoint is not at trial before me today. However, Branch has a legal responsibility to engage in responsible programming, which implies that he must choose his words more carefully and tone down his station substantially in order to comply with the FCC guidelines imposed upon him. Responsible radio broadcasting means recognizing that the radio is easily accessible and that we have a responsibility towards the children in the community of Littleking, Texas.
Branch must pay a fine of $30,000. You violate the FCC regulations, you pay the penalty. It is as simple as that. Branch and WITE may resume broadcasting, within FCC regulations, effective immediately.