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Reason Interviews Michael Powell

Phlinn writes "In the Reason interview with Michael Powell, it is possible to develop a clearer understanding of the FCC's recent actions. It would appear that despite recent actions, he's not the pro censorship icon many people think. Beware of actions based on a "greater good" however."

221 comments

  1. Hmmm by Anonymous Coward · · Score: 1, Insightful

    To bad reason didn't come up and kick him in the ass.

    1. Re:Hmmm by Anonymous Coward · · Score: 2, Funny
      To bad reason didn't come up and kick him in the ass.
      That's because he censors ass off the airwaves
    2. Re:Hmmm by MmmDee · · Score: 2, Insightful

      And many of us think a few words, including "ass", should be kept of the public's airwaves. It's a sad state when decency has to be legislated. Do what you want with cable, satellite, and theaters, but allow me some peace of mind to know young kids aren't deluged with vulgar language before they're old enough to understand the rudiments of various social situations and the right/wrong contexts in which these words might be used if desired. Too many people don't realize the importance of this until they start having kids of their own, then they're keenly aware of parental advisories and game/movie ratings.

      --
      No man's an island, unless he's had too much to drink and wets the bed.
    3. Re:Hmmm by Anonymous Coward · · Score: 0

      Ass is vulgar? I think only a jackass would think that ass is vulgar.

    4. Re:Hmmm by MmmDee · · Score: 1
      Yup, while it's no doubt old fashioned to think that "ass" is vulgar, I'm sure many folks would agree with me... but I'm also very aware, just as many (more?) would say it's not. It's absence from the FCC's forbidden list suggests, I suppose, it's becoming more "mainstream."

      I personally consider "jackass" as slang, and the use of it or "ass" when referring to a donkey as uneducated or used for color... just my two cents. But hey, I come from a generation that considered "shut up" as vulgar too.

      --
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    5. Re:Hmmm by Anonymous Coward · · Score: 1, Insightful

      "I'm sure many folks would agree with me."

      I'm sure you could get folks to agree with you if you claim the earth was made in 7 days, or that Hitler actually did some good.

      You see, there are stupid, ignorant people everywhere. I hardly see that as a triumph or reason and thoughtfulness.

  2. Recent actions? by br4dh4x0r · · Score: 0, Offtopic

    But what about the recent actions taken by the FCC that in response to previous recent actions?

  3. Flip-flop by UnCivil+Liberty · · Score: 3, Insightful

    Wow, he is all over the place, one sentence he loves the first amendment, the next he is saying [paraphrased] "well, enforcing indecency laws are different, it was the will of the people, there is legislation!".

    To Michael:
    "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

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    1. Re:Flip-flop by stratjakt · · Score: 3, Informative

      He's not a congressman, brain-train.

      He doesn't make laws, he regulates, as instructed by his mandate.

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    2. Re:Flip-flop by UnCivil+Liberty · · Score: 1

      Don't you think someone who loved the Constitution so much would have an issue enforcing a law on speech when the Constitution plainly lays out that the government is ordered to leave speech alone?

      I figured the first reply would be mention community standards, children, or the court's history of trying to deny first amendment protection to radio, not an attack on someone's intelligence. Heck, I'm presenting a better counter-attack to my arguement than you...

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    3. Re:Flip-flop by flabbergast · · Score: 3, Insightful

      Well, the next time I scream out "Fire!" in a movie theatre, I'll remember to mention this to the arresting police officer.

      There are exceptions to the First Amendment and yelling fire in a crowded theatre is one of those exceptions. Likewise, obscenity (by its lawful definition) is not protected by the First Amendment.

    4. Re:Flip-flop by stratjakt · · Score: 1

      This has nothing to do with free speech, you can broadcast whatever you want on your own system; Closed circuit TV, cable, satellite, internet.

      Saying you can't swear on publicly owned TV or radio is like saying you can't swear in a publically owned library. Swearing in a publically owned courthouse can land you in the tank if the judge is in a bad mood. Swearing in my home can get you a punch in the face.

      The constitution has nothing to do with it until someone starts telling you that you can't swear at all.

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    5. Re:Flip-flop by fimbulvetr · · Score: 1

      Thank you!

      Too many people, especially people here on /., don't actually understand what "freedom of speech" means.

    6. Re:Flip-flop by rainman_bc · · Score: 1

      An act of Congress empowers the FCC.

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    7. Re:Flip-flop by UnCivil+Liberty · · Score: 1

      It gets interesting there because there have been so many challenges in every direction to internet censoring and book censoring in libraries, completly different medium. I will bend over and accept my ass kicking and continue living in my libertean dream world.

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    8. Re:Flip-flop by Xabraxas · · Score: 4, Insightful
      Saying you can't swear on publicly owned TV or radio is like saying you can't swear in a publically owned library. Swearing in a publically owned courthouse can land you in the tank if the judge is in a bad mood. Swearing in my home can get you a punch in the face.

      That's exactly the problem. Those places are public. I could understand the ability to limit speech (not by way of law though) in a private establishment, but public places are the last places that your freedom should be limited. How is speech free at all if it is limited publicly?

      --
      Time makes more converts than reason
    9. Re:Flip-flop by wakester · · Score: 1

      Does this mean "freedom" to hurt your neighbor or hurt your neighborhood?

      If your freedoms start to infringe on my freedom and my "life, liberty, and pursuit of happiness" then you are abusing your freedoms.

      For example, we have environmental pollution laws to prevent some from abusing their freedom to pollute the environment and cause sickness or death to others.

      Someone already mentioned that obscenity is not protected by the 1st amendment as ruled by the Supreme Court back in 1973(?). I think it was Miller v. California.

      If you choose to abuse your freedoms by polluting the air we breathe, or if you choose to pollute our visual or aural or mental environment with obscene images or words then you're hurting others.

      Wise uses of our freedoms do not infringe on other's freedoms.

      I have asthma and it's important to me that the air I breathe is clean. Likewise I have good mental health and I don't want it to be limited or destroyed with obscene pollution. The pollution of obscenity is just as real as other types of pollution. Check out some studies, meta-studies, and other articles on the topic at MIM.org

      You can do whatever you want in private and then think that it only hurts yourself. But if you exercise your freedoms in a way that then harms others then it ceases to be a freedom. It's an abuse.

      Roger

      P.S. Check out the Institute for Justice at IJ.org

    10. Re:Flip-flop by UnCivil+Liberty · · Score: 1

      Thank you for your response, I appreciate the way you addressed your response respectfully instead of the "you're wrong and you're a stupid jack ass" view brought forward by many others. That being said I still disagree that hearing Howard Stern talk about breasts on the radio infringes on someone else's rights, especially when they have the option of turning the dial, I would be interested to hear yours (and others) thoughs on the subject (and wish I could start over, getting bluggend right now!).

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    11. Re:Flip-flop by aztektum · · Score: 2, Insightful

      The question that hasn't been answered is "How do you define obscene?" The 2nd question I would have is "Can't you just shut it off if you find it to be obscene?" I know parents would say "But think of my children!" Sorry, but it's up to you to reduce their access, not the rest of society, since I doubt not everyone else agrees with you. I'm all for helping the children when their lives could be at risk, but hearing a dirty word or seeing naked people, it's gonna happen. Try to teach them to deal w/ it and move on.

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    12. Re:Flip-flop by Kiryat+Malachi · · Score: 2, Insightful

      Actually, how do you define obscene has been answered pretty thoroughly.

      The Miller Test is the contemporary test for what is and is not considered obscene; it may not be a good test, but it is the law of the land.

      The problem is that dirty words and naked ladies aren't considered obscene, generally, only indecent. Indecent speech is protected; obscene speech is not. Whether or not you like it, this is how the Supreme Court has interpreted the 1st Amendment; since they are a court, there's no question of Congress making a law, only the court interpreting the law as given.

      The general idea is compromise; this is why it is, in fact, legal to play indecent material over the airwaves between 10 PM and 6 AM (at least on FM... I'm not sure about TV, to tell the truth). The idea being that while indecent material may have redeeming value, by limiting it to hours when children are unlikely to be watching/listening, both interests are served.

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    13. Re:Flip-flop by Kiryat+Malachi · · Score: 1

      And yet, you ignore the fact that the Supreme Court's interpretations have held that those laws do not abridge freedom of speech; since they are the final arbiter of what is and is not Constitutional in this country, they say that those laws don't violate the 1st Amendment.

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    14. Re:Flip-flop by wakester · · Score: 1

      Thank you. I enjoy thoughtful discussion.

      The argument of "turning the dial" can be compared to a guest coming into my home, lighting up a cigarette, and then when I nicely ask them to put it out because I don't want to damage the health of my lungs they then flippantly say "leave the room". As soon as I start to breathe the cigarette smoke the damage is done. Yes, I can leave the room but damage has already been done and they didn't care at all about it.

      It's the same thing with "turning the dial". I've already been exposed to offensive material -- the damage is already done.

      Howard Stern or anybody can do whatever they want in private and deal with private consequences. But when they do things in public then they have to face good or bad public consequences. The other poster who talked about the responsibilities of freedom said it very nicely. And the poster who said that the consequence for profanity in his home was being punched -- that made me laugh. :)

      Freedom is absolutely necesary and is a tool -- a tool towards the goals of making the best or smartest possible choices. Freedom is not the goal -- it's a tool to reach the goal. When freedom (or diversity) ceases to become a tool and instead becomes a goal then it's easy to forget about the responsiblities of freedom.

      And yes, we should all be allowed space to make mistakes and learn along the way. Where there are disagreements we should work together and patiently try to persuade one another until we come to a common understanding.

      That doesn't overshadow the fact that the consequences of obscenity pollution are just as real as the consequences of environmental pollution. Please study it at the previous link that I included above and search for others.

      Thanks for listening, I'm leaving for Christmas vacation now. :)
      Happy Holidays!

      Roger

      P.S. I'm independent - unaffiliated with a party.
      Check out the ACLJ as well as the IJ

    15. Re:Flip-flop by ShamusYoung · · Score: 1
      Saying "if you don't like it, change the channel" is like saying, "if you don't want to watch me hump this goat, don't look your your front window." Or "If you don't want to hear me screaming 'fuck' though this megaphone, leave the window closed".

      The TV doesn't know if I (or my kids) want to see something until it appears on the screen and I hit the channel button. Just like you can't hump that goat in a public place, you can't show certain things on public airwaves.

      Geeze, you got cable, tv, sattelite, pay-per-view, video & DVD rentals... you can hear and see all the fuck you want at any time. Is it really too much to ask that Television stays as it is?

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    16. Re:Flip-flop by Anonymous Coward · · Score: 0

      A Supreme Court interpretation has little bearing on the discussion of what is in actuality occurring and whether we consider such occurrences to be in violation of the constitution. They may not find it to be so, and while their holdings are the only which have the legal weight in this matter, it does not nullify the academic argument that the Court is simply wrong. They've been wrong before, or would you like to argue that they were correct in holding "separate but equal" to be constitutional in Plessy v. Ferguson?

      The FCC fines are increasingly a form of defacto censorship. It's not prior restraint according to the Court, but if the result is the same as prior restraint (in that broadcasters simply resort to censoring themselves rather than risk millions in fines), what precisely is the difference? Retroactive fines or prior restraint, the result is the same.

    17. Re:Flip-flop by aztektum · · Score: 1
      Good grief, it isn't like either of those things.

      Networks don't just willy nilly throw content on the air in real-time. There's TV Guide, and if you have digital cable or satellite, the little box you have shows listings with descriptions that tell you what the content of a television show is.

      Far cry from being caught unawares of someone fucking a goat on your lawn. Oops I stumbled across a bare ass on NYPD Blue while channel surfing and I'm offended.

      Be a little more aware and less dependent on others to make life as easy as possible.

      What sort of neighborhood do you live in anyway? Sounds like what's on TV is the least of your worries.

      --
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      No sig for you!!
    18. Re:Flip-flop by Kiryat+Malachi · · Score: 2, Interesting

      Actually, a Supreme Court decision has everything to do with whether we consider such an occurrence to be in violation of the constitution; if they say it is, it is. Until their decision has changed, it is not. If you think it's wrong, you have every right to go argue with the Supreme Court, but it won't make it any less the law of the land.

      Were they correct to hold "seperate but equal" to be constitutional? Fuck no. However, between Plessy and Brown, was saying "seperate but equal" is constitutional correct? Yes. Because it was, until the decision was changed.

      As to prior restraint, it's the same as saying "Well, nobody spraypaints graffiti on public buildings because they would probably be fined for vandalism". Yes, this is true. But it isn't prior restraint; the broadcasters are free to broadcast what they choose, they are simply aware of what's likely to land them in trouble. Despite the similarity in the ends, the means aren't the same, which is why it isn't a prior restraint issue.

      --

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    19. Re:Flip-flop by Anonymous Coward · · Score: 0

      "Is it really too much to ask that Television stays as it is?"

      As of what era?

      As of the "ricky/lucy" era?

      As of the "star trek" era?

      As of the "starsky and hutch" era?

      I have 2 kids, and I only let them watch pre-approved channels.

      Why are you trying to kill the 1st amendment because you're too fucking lazy to do your job?

      And no, showing tits to a kid won't harm them. In fact, that *used* to be called breast feeding.

      Personally, I think people like you are screwed up in the head and are projecting obscenity on naked bodies and the word "fuck" and "shit".

      Its unfortunately the world has people like you.

    20. Re:Flip-flop by cjhuitt · · Score: 1

      Well, the next time I scream out "Fire!" in a movie theatre, I'll remember to mention this to the arresting police officer.

      Actually, there are many times in which you can do this, safely and legally. In fact, I personally don't think that either the act of yelling in a movie theatre, or the word yelled are critical to the classic example of yelling fire in a crowded theatre (presumably when there isn't a fire, of course). The critical part of that is willfully acting in a manner that endangers the safety, health, and/or lives of the other patrons in the theatre.

      So basically, I don't think there should be any laws restricting the exercise of free speech, but there may be many laws that hold you responsible for the consequences of the manner in which you exercised it.

    21. Re:Flip-flop by Steve+B · · Score: 1

      If the Supreme Court says that a tail is a leg, how many legs does a cow have?

      --
      /. If the government wants us to respect the law, it should set a better example.
    22. Re:Flip-flop by Steve+B · · Score: 1
      The argument of "turning the dial" can be compared to a guest coming into my home, lighting up a cigarette, and then when I nicely ask them to put it out because I don't want to damage the health of my lungs they then flippantly say "leave the room".

      A partial count of the ways in which this analogy is invalid:

      1. Your house is your personal property. The airwaves are not your personal property. Ergo, you control what goes on within the former, but not the latter.

      2. The agenda you are defending does not correspond to telling your guest "you may not smoke in my house". It corresponds to telling your guest "you may not smoke anywhere, even on the property of someone who approves of smoking".

      3. You have an opportunity to decide in advance what media broadcasts to accept and reject, just as you have an opportunity to object to your guest's actions when he first takes out the cigarette and match.

      4. Using the arcane technologies known by the technical names "the off button" and "the channel changer" does not correspond to leaving the room. It corresponds to ejecting the unwanted guest.

      Freedom is not the goal

      Here, I simply reject your premise out of hand as un-American.

      Where there are disagreements we should work together and patiently try to persuade one another until we come to a common understanding.

      Well, then, why didn't you say up front that you were opposed to the FCC's coercive methods?

      That doesn't overshadow the fact that the consequences of obscenity pollution are just as real as the consequences of environmental pollution.

      Nonsense. The results of inhaling toxic chemicals are a matter of verifiable objective fact. The results of hearing and viewing unwanted messages are a subjective function of the recipient's predelections.

      --
      /. If the government wants us to respect the law, it should set a better example.
    23. Re:Flip-flop by 17028 · · Score: 1

      That's a great argument, but it doesn't work on conservatives. They think they live in the real world --unlike everyone else-- and will argue vehemently so, but in fact they have their head in Plato-land. Or the "shining city on a hill" as Reagan so poetically put it.

      I'm not saying it's wrong to strive to fulfill a great vision, but they have to be more intellectually honest about it. The time they want to preserve has never existed.

    24. Re:Flip-flop by Kiryat+Malachi · · Score: 1

      If the Supreme Court was the supreme arbiter of bovine leggedness, 5. Fortunately for all of us, they remain the supreme authority solely on matters of law, and as such cows still have only 4 legs (except for that one outside your house, which had the unfortunate wood chipper accident a couple years ago.)

      The Supreme Court gets to say what's what when it comes to legal issues in our country. Whether or not you think they are *right*, they are by definition correct after they rule.

      --

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    25. Re:Flip-flop by wakester · · Score: 1
      You are right that the analogy is not perfect and has flaws in it. I wrote it quickly before I left for Christmas vacation.

      Also, my "Freedom is not the goal" statement was incomplete in my limited time to reply. I mean that it is not the ultimate goal. Freedom of course is a goal but the bigger goals are making the best choices with the freedom. Freedom is abused when it's used to hurt others.

      > >That doesn't overshadow the fact that the consequences of obscenity pollution are just as real as the consequences of environmental pollution.

      > Nonsense. The results of inhaling toxic chemicals are a matter of verifiable objective fact. The results of hearing and viewing unwanted messages are a subjective function of the recipient's predelections.

      Actually, the results of obscenity pollution are also a matter of verifiable objective fact. The 'prima facie' evidence for it can be ascertained by the instruments of your brain and senses. However it depends on how sensitively they are tuned or if they have "reception" trouble in picking up the signals due to neglect or abuse.

      You can become desensitized to obscenity pollution just like your pain nerves can be become desensitized through anesthesia.

      If you expose yourself to porn you anesthesize some of these natural senses. Yes, it can seem like its enhancing another sense by giving you a high similar to a narcotic but then it leaves you feeling numb as an after-effect.

      So the effects of obscenity pollution are definitely real and objectively verifiable. It just depends on whether you choose to be "awake" or not and treat your "conscience" sense in a healthy manner by feeding it good content and not a diet of obscenity.

      However you can continue to keep those part of your senses asleep and then be like the people in The Matrix.

      Or you can choose to wake up and look at all the facts. Don't be afraid. Which one will it be for you? The "blue pill" or the "red pill"?

      The facts that pornography causes damage to the viewer -- are all in the real world. No amount of wishing or denial will make them go away.

      If you want other facts from psychologists and social scientists and researchers in other disciplines then check out MoralityInMedia.org for starters.

      I was numb too for a while but then chose to wake up, pull my head out of the darkness, and research all of the facts, and make the best choices. I sincerely invite you to research it for yourself. You can objectively test it also.

      Peace out bros,

      Roger Brown

      P.S. Try porn-free.org for further facts.

    26. Re:Flip-flop by Steve+B · · Score: 1
      The 'prima facie' evidence for it can be ascertained by the instruments of your brain and senses. However it depends on how sensitively they are tuned or if they have "reception" trouble in picking up the signals due to neglect or abuse.

      Since you've just explicitly admitted that your case is subjective (i.e. some people see it that way and other people don't) rather than objective (i.e. based on facts observable to all), I'll consider the argument over.

      --
      /. If the government wants us to respect the law, it should set a better example.
    27. Re:Flip-flop by wakester · · Score: 1
      >> The 'prima facie' evidence for it can be ascertained by the instruments of your brain and senses. However it depends on how sensitively they are tuned or if they have "reception" trouble in picking up the signals due to neglect or abuse.

      >Since you've just explicitly admitted that your case is subjective (i.e. some people see it that way and other people don't) rather than objective (i.e. based on facts observable to all), I'll consider the argument over.
      ---

      I did not say it was subjective. You interpreted what I said as saying that which I didn't.

      Scientists have discovered many new things when they used more sensitive instruments. There are plenty of examples from past and current history. Those with more sensitive measuring instruments saw the things. Those without the sensitive instruments did not see it. Comparing the two groups as "subjective" is a twist of the word.

      You can still choose to take the "red pill" and research it yourself. The choice is yours. Please consider opening up to the possibilities. That's all for now.

      Roger Brown
      Check out MIM

  4. actions vs. words by the+arbiter · · Score: 4, Insightful

    The article's nice. He sounds like a smart, reasonable guy, who's not in any way interested in being an Orwellian nightmare come to life. He's just doing his job. He's just enforcing the law.

    His actions speak to me far more loudly than his words. His actions tell me he's interested in enforcing certain aspects of the law in a manner which suits those who put him where he is today.

    Just like his daddy does. It seems, sadly, to be a Powell family legacy that they're perfectly willing go along with orders of very dubious morality. Even if those orders are legally correct.

    Sad to see good men knuckle under to the evil ones in charge of them.

    --
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    1. Re:actions vs. words by Dachannien · · Score: 1

      Er, you do know Colin Powell quit his job, right?

    2. Re:actions vs. words by Anonymous Coward · · Score: 0

      Only after going along with it for four years. If the guy really disagreed with what he was being ordered to do, he would have quit long ago.

      Having said that, you are right in part, he did eventually quit, which does show he actually did disagree with his orders, and wasn't able to take it any longer.

    3. Re:actions vs. words by gad_zuki! · · Score: 1

      Err, you do know Colin Powell was the man who covered up/whitewashed the My Lai massacre and the famous story didnt break until after the war. Oh and he was in Iran contra. Whoops! And holds the record for the most lies per second at the UN.

      Great men indeed!

      Try other sources of media than Fox News and CNN and you might learn something.

    4. Re:actions vs. words by the+arbiter · · Score: 4, Insightful

      This will suprise you, but I'm about as liberal as it gets, and would far rather shoot myself in the head then watch either Faux News or the Corporate News Network.

      The My Lai coverup was merely the first of many incidents where Mr. Powell, Sr., followed orders rather than his conscience. He did it again and again. Really, it's how he got to where he is. I'd like to attribute his abrupt retirement to pangs of conscience, but he may be just looking out for his career again. I don't know.

      As to whether he's a good guy, I rather think that, fundamentally, he is. When left to his own devices, he tends to make fairly good, reasoned decisions. When following orders, not so much. The problem, really, is that he's been following orders most of his life. And regardless of what the judges at Nuremburg said, there are a lot of situations in life where you do have to follow immoral orders. Or else. Is it evil to allow yourself to be a tool for those are perpetuating evil? I can't answer that either.

      What I do know is that you owe me an apology for implying that I watch Fox News and CNN. I'll take a lot of abuse, but that is really hitting below the belt.

      --
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    5. Re:actions vs. words by Anonymous Coward · · Score: 0

      Do you people even know how faux is pronounced? It's not a very good play on words.

    6. Re:actions vs. words by Anonymous Coward · · Score: 0

      ... I'm about as liberal as it gets, and would far rather shoot myself in the head then watch either Faux News or the Corporate News Network.

      You are not a liberal. Duh.

    7. Re:actions vs. words by Some_Llama · · Score: 1

      "Is it evil to allow yourself to be a tool for those are perpetuating evil? I can't answer that either."

      Well from a biblical standpoint there is a passage that says "It must be that Evil will come into the world, but woe be to that man through which it comes" (i think i got it exact)

      So I guess in the end you are responsible for your part in bringing or helping to bring evil into the world...

  5. Watch what he does, not what he says he is doing.. by QuietLagoon · · Score: 5, Interesting
    It would appear that despite recent actions, he's not the pro censorship icon many people think.

    He is known for saying one thing that he thinks you want to hear, then doing the opposite that he had intended to do all along.

  6. Re:Time to drag out this old chestnut by switcha · · Score: 2, Funny
    That's about as attributable to Cat Stevens as "2 Legit 2 Quit."

    See Martin Niemöller

    --
    You know what? ... A little club soda *did* get that out!
  7. A puppet for the right wing. by zymano · · Score: 0, Troll

    He's just a republican lackey.

    I don't know what he's contributed .

    Affordable broadband ? I don't see it. He's stopped competition in that industry.

    He's 'DESTROYED' radio with monopolies like Clear Channel.

    So here's a toast to those that think everything should be allowed by corporate america without regard of the greater public good.

  8. Don't get suckered by mistersooreams · · Score: 2, Insightful

    These FCC people are pretty persuasive. This guy clearly talks a good "uncensored airwaves" talk, but their actions are clearly not in line with this. While I applaud his apparently more liberal stance, we need to be careful not to get totally suckered by his rhetoric. I'll believe the FCC are being more open-minded when the TV, radio et al start reflecting it.

  9. Something I have been wondering about.... by ShatteredDream · · Score: 0, Flamebait

    How long before websites are targetted by the FCC and FEC under the McCain-Feingold Campaign Finance Reform Act. Something tells me that the nipple slip isn't the tip of the iceberg, but a cover for a general push toward censorship and the FCC will no doubt be one of the agencies that spearheads such an assault. Unbeknownst to many, the greatest attack on free speech under Bush wasn't related to terrorism or "homeland security," or even nipplegate, but the CFR bill which outright bans many forms of political speech before an election.

    The FCC serves no legitimate purpose today. The best thing that could happen would be for the federal government to take back all of the frequencies and then make them availible to local ISPs to provide high quality wireless service. The applications for such would be amazing. Imagine, a combination of RSS and mp3/ogg streaming so that a college radio station in bumblefuck nowhere can be heard out in NYC, Chicago, LA, etc maybe even in London, Tokyo and other major cities around the world.

    But of course, as they say, what is good for GM is good for America. Being motivated political in part by Judao-Christian morality, I have to ask in rebuttal, if GM said that sacrificing our children to Molech were good for GM, would we still be saying that GM's interests are America's?

    1. Re:Something I have been wondering about.... by TheGavster · · Score: 1

      Sure, provided GM had a good reason ... like, hypothetically, they had a clear communication from Molech demanding the sacrifice of x children in exchange for continued existance.

      Of course, no one is convinced by the ravings of people about signs from their deities, which is why there are so few believers today ...

      --
      "Because Science" is one step from "Because old book". Try "Because of my experiment testing my falsifiable assertion".
    2. Re:Something I have been wondering about.... by black+mariah · · Score: 1, Insightful
      The FCC serves no legitimate purpose today.
      Except for the whole part about them regulating frequencies so that the radio stations in bumblefuck nowhere aren't overrun by larger stations broadcasting on the same frequencies. Your stupid bullshit about the government "taking back all the frequencies" (umm... I thought the FCC was a part of the government, but whatever) smacks of 12th grade idiot socialist dogma. Seriously dude, shut the fuck up.
      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    3. Re:Something I have been wondering about.... by Kiryat+Malachi · · Score: 4, Informative

      Geez.

      You mean something like WCBN,WFMU, or WLUW? (OK, so FMU is in New York and LUW is in Chicago, but you get the point - college/indie stations can and do stream worldwide).

      Let's say the government took back the airwaves and disbanded the FCC, and gave those airwaves to ISPs to provide wireless service (which is harder than it sounds, it's not like spectrum is unavailable for such things, and the spectrum for AM is totally unsuited to it anyway, while FM spectrum is non-optimal for the purpose, being relatively low-bandwidth). Let's say I then, being pissed off my FM radio no longer dragged anything in, built a 50,000W FM transmitter and started blasting punk rock out over those ISPs piddly point-to-point transmitters. Who would prevent me from doing that? The FCC... oh, wait, the FCC was disbanded!

      The FCC still serves a purpose; regulating access to spectrum. Whether they're doing a good job of it is arguable, but getting rid of them entirely won't solve a damn thing. I'm sick of open spectrum zealots who don't know shit about RF and refuse to acknowledge the very real, very *math-based* problems with their proposals (like, for example, the capacity theorem saying AM bandwidth won't carry enough information to make it worth as much as your shriveled dick without using absurd signal-noise power ratios for mobile point to point stations). Learn some RF and info theory math, then come back and say "Let's open up the spectrum and everything will be dandy!" Look at how much 'free market' principles have fucked over the use of spectrum, and tell me an unregulated spectrum would be an improvement.

      --

      ---
      Mod me down, you fucking twits. Go ahead. I dare you.
      (I read with sigs off.)
    4. Re:Something I have been wondering about.... by DanteLysin · · Score: 1

      >

      Very incorrect. Most of the posts in this topic comment on the FCC's stance on managing content. That's only 1 function of the FCC (and one that is very controversal, as seen in many posts). It's not its sole function.

    5. Re:Something I have been wondering about.... by node+3 · · Score: 2, Interesting

      Unbeknownst to many, the greatest attack on free speech under Bush wasn't related to terrorism or "homeland security," or even nipplegate, but the CFR bill which outright bans many forms of political speech before an election.

      While I'm not knowledgeable enough on the specifics of the CFR bill, something along those lines is desperately needed in the US. The problem is that, in the name of "free speech", we are allowing corporations to buy votes.

      For CFR, I'd suggest making it illegal for corporations to donate funds or services to candidates, and that all major media services would have to allow all relevant sides of an issue equal access (define this in such a way that it applies to ABC/CBS/CNN/FOX/NYT/CC/etc and not to SciFi channel or your local non-major papers. Similarly, they have to provide equal access to Bush and Kerry, and maybe Nader if he (or someone else) is an equally serious contender or issue-holder).

      Yes, this requires someone to "decide" which person or corporation falls under which rule, which is subjective and open to abuse, but with proper oversight and openness, it's possible. Without such reform, however, it puts democracy into the hands of the wealthy and out of the hands of the people where it belongs.

  10. Re:Watch what he does, not what he says he is doin by gad_zuki! · · Score: 1

    Not to mention Reason is a big "deregulate everything now!!!" nutcase group.

    Of course they love Powell. Shame, deregulation means crap on the radio, media consolidation, monopolies,etc. But these guys are ideology first and reality second.

    Slashdot just got trolled by Reason. Classic.

  11. did michael powell really say that about oprah? by Comsn · · Score: 1

    did michael powell really say that about oprah? i cannot find any credible website to find him being quoted. just a bunch of blogs and quotes about stern talking about it.

    stern vs powell on kgo radio was pretty funny tho.

    i really dont like stern or powell, i hate the fcc's censorship, lack of telling people what they can or cannot say, lack of any scrutiny on complaints sent by form letters from one family group.

    1. Re:did michael powell really say that about oprah? by gad_zuki! · · Score: 1

      >sent by form letters from one family group.

      That just shows you either how mismanaged the FCC is or how they knew these letters were from the same people, but used them as an excuse to get their the censorship ball running for the Jebus GOP crowd.

      Either way, its an organization that needs to be immediately reformed and made into a public issue. Turn on the TV, the big debate isnt Iraq, FCC, etc its Christmas vs Happy Holidays.

      Government and media together. Talk about corruption.

  12. Umm... by Deviant+Q · · Score: 5, Interesting
    This quote just made me pause and re-read it, because it was so totally wrong.
    Reason: What about the price consumers are bearing by having government regulation of electronic equipment, like the broadcast flag for Hollywood? Powell: Specifically what? Reason: The price of innovation being reduced by someone having to come and beg your agency for approval to implement a new consumer-friendly device like TiVo. Powell: I think the premise of your question is false. The notion that a complete laissez-faire deployment of equipment always will produce a quicker and more optimal, more innovative solution is not accurate. You wouldn't have a personal computer if there weren't a standard. You wouldn't have the production of content if there weren't protections for the creators of content.
    Um... that standard was produced by IBM and Microsoft, without governmental standardization. It evolved in a totally laissez-faire market.
    --
    "May the days be aimless. Let the seasons drift. Do not advance the action according to a plan."
    1. Re:Umm... by Fahrenheit+450 · · Score: 2, Insightful
      Yeah, I had to shake my head at that one too. I also liked this particular exchange:


      Reason: Can you give an example of that?

      Powell: There's Standard Oil.

      Reason: Most of the revisionist histories of Standard Oil show that by the time it had its maximum market penetration, it was actually charging less for oil.

      Powell: You may know more about the specifics of Standard Oil than I. But I do believe in the cases and the theories that show that at a certain level of monopolistic control people can extract monopoly rents and affect output in a way that harms the American consumer.


      Umm... dude? If you don't know the details of the issue, why would you bring it up as an example? I guess he just expected the interviewer to know nothing about the Standard Oil situation (like me, but at least I admit that I'm a dumbass).
      --
      -30-
    2. Re:Umm... by MmmDee · · Score: 1

      When I read that the first time in TFA, I didn't presume he meant "government standardization". If Mr Powell meant "government standardization" and if you take "laizzez-faire" literally (something like "people rule" as I recall) then I think you're right, the market place (consumers) pretty much decided on their favorite hardware/software of the time among that which was available (having been there at the time myself). I'd have a hard time believing Mr Powell would make that kind of error.

      --
      No man's an island, unless he's had too much to drink and wets the bed.
    3. Re:Umm... by sirsnork · · Score: 1

      Whilst you're right on the money, the funniest aspect of this is that the x86 architecture is horrible and it thats what IBM etc (I know it's not what they camne up with but x86 is a market standard too rather than a government one) came up with maybe the government should have had ago at it :-)

      --

      Normal people worry me!
    4. Re:Umm... by version5 · · Score: 1

      I doubt he would expect the interviewer to know nothing about one of the most famous anti-trust cases in history. He probably mentioned it because it is viewed as a good example of when government should regulate the industry. The interviewer points out that the monopoly was actually good for prices, which is not something that is widely known. In some ways, I think the interviewer is trying to get into an theoretical economics discussion with him on his views on regulation, but as it turns out, he just does what Congress tells him without really thinking too deeply about it.

      --

      "It's Dot Com!"

    5. Re:Umm... by tji · · Score: 1

      Yeah, it's too bad the interviewer didn't jump on that terrible response.

      There is a case to be made for his point about content creators needing protection. But, the PC standards thing is irrelevant to the Broadcast Flag argument, and is completely wrong from a historical perspective.

      It is also completely at odds with his previous point about the FCC trying to kill new competitors (cable TV, MCI, etc.) in the past, and how they have changed and are embracing new things like WiFi. The broadcast flag is protecting the big media players, at the expense of new upstarts... old-school FCC.

      Some of the Bush administration's corporatist policies will only effect us through the administration. But, like the raping of environmental standards, we'll be living with the effects of this FCC for a long time.

    6. Re:Umm... by ratamacue · · Score: 1
      It evolved in a totally laissez-faire market.

      I agree with your main point, but government was heavily entangled in the market 20 years ago, just as government is heavily entangled in the market today. Laissez-faire means that government is completely seperated from the market. Our society has elements of capitalism, but it would be entirely wrong to say we live in a "capitalist" society. True capitalism would requrie true seperation of market and state.

  13. Reminds me of something Picard onces said on TNG by aardwolf204 · · Score: 4, Interesting

    From Star Trek TNG 4x21 - The Drumhead

    Picard: You know, there are some words I've known since I was a schoolboy. "With the first link, the chain is forged. The first speech censured, the first thought forbidden, the first freedom denied, chains us all irrevocably." Those words were uttered by Judge Aaron Satie as wisdom and warning. The first time any man's freedom is trodden on, we're all damaged.

    Picard: We think we've come so far. Torture of heretics, burning of witches, it's all ancient history. Then, before you can blink an eye, suddenly it threatens to start all over again.

    Worf: I believed her. I helped her. I did not see what she was.

    Picard: Mr Worf, villains who twirl their moustaches are easy to spot.Those who clothe themselves in good deeds are well camouflaged.

    Worf: I think, after yesterday, people will not be so ready to trust her.

    Picard: Maybe. But she, or someone like her, will always be with us, waiting for the right climate in which to flourish, spreading fear in the name of righteousness.

    Vigilance, Mr Worf, that is the price we have to continually pay.

    --
    Im dreaming ofa big bndwdth, That can resist the /.crowd.May ur days b merry & bright & may al
  14. amen to actions vs. words (irony) by poptones · · Score: 3, Interesting

    I used to really respect his dad and would have loved to see him as president. OTOH I had great disdain for michael powell when I first saw the direction things were heading and the way the right seemed to embrace him.

    Then his daddy went in front of the UN and lied through his teeth rather than stand his ground and resign. Because he was so widely respected that act alone could have raised enough stink to both prevent us entering this stupid war so soon and possibly even have prevented the re-election of the potted plant in the white house.

    In the same time I've seen powell jr take a principled stand toe to toe with both sides of the aisle. Lots of people screamed about the broadcaster deregulation, fact is if the corporations make broadcast such a wasteland that's just more beer for this "new media" thing. If they lock up their signals behind encryption so people get frustrated just trying to use their tvs the way they're used to they'll find alternatives. In every action where he's taken the most vocal stand I've agreed in principle 100%. I don't like the crackdowns re: censorship, but you can thank talk radio and a housefull of pandering politicians for that nonsense. On matters where it came down to actual leadership, michael has shown twice the cojones of retired soldier daddy.

    So there's the irony. I've lost all respect for dad, but likewise would throw my otherwise very old school liberal vote for jr. in a heartbeat if he proved even reasonably knowledgable on presidential matters. I doubt he'll run, but I'd love to see it. I'd love to be able to help put a geek in the whitehouse.

    1. Re:amen to actions vs. words (irony) by Anonymous Coward · · Score: 0

      Maybe I'm completely hoodwinked by the whole thing, but I still think Powell got purposely fed bad information and used by certain people in the administration. Maybe not the Prez directly, but it's not like we've had to look far to find shady characters nearby.

      To that end, I still feel somewhat bad for Colin Powell. I think he ended up being a tool for someone else, who played on his sense of truth and his desire to do a good job. The only reason I can give for why he didn't leave right after all that was perhaps some sense of wanting to see things through, because he agreed to the job.

      Then again, I could be completely wrong, and "Respectable Colin" might be a complete manufacture by an evil mastermind the likes of Dr. No.

    2. Re:amen to actions vs. words (irony) by Anonymous Coward · · Score: 0

      I think he had his reservations about the WMD information well before he presented this evidence to the UN. He was adamantly seeking reliable evidence in weeks prior. I do, however, beleive his motivations were (somewhat) noble. It may be that he knew war was eminent and made his appeal to the UN so that the US wouldn't "go it alone"... or maybe its these damned (sorry Michael) rose colored glasses.

    3. Re:amen to actions vs. words (irony) by Anonymous Coward · · Score: 0

      I used to believe as you do and gave Colin Powel the benefit of the doubt, until someone I trust read Colin Powel's book. Apparently Colin Powel is a moron. I haven't had a chance to read the book myself but this explains a lot of his stupid and otherwise hard to explain actions. It's strange how we automatically assume that the people appointed to the highest offices are people of above average intelligence.

  15. He talks the talk, but doesn't walk the walk. by TheOriginalRevdoc · · Score: 1

    What he *says* is irrelevant. What he *does* is what counts.

    People like this - politicians, every one of 'em - are inveterate liars. You can only identify their agenda by looking at their actions.

    And Powell's actions are unambiguous.

  16. Orwell vs Huxley by gad_zuki! · · Score: 1

    No, Powell is no Orwellian nightmare, he's more of a soma Brave New World nightmare. The same top-40 droning on and on with media companies buying up all the frequencies and ticket outlets. As long as Joe and Jane Sixpack get their Britney/flavor of the month fix they're happy, even if it costs them two days salary.

    Now the AM band is truly Orwelian, with its right wing hate voices blaring on and on. A finer propaganda outlet the world has never seen.

    1. Re:Orwell vs Huxley by MikeXpop · · Score: 1
      A finer propaganda outlet the world has never seen.
      Go read up on Edward Bernays, George Creel, and the Committee on Public Information. Then get back to me.
      --
      Etiquette is etiquette. He kills his mother but he can't wear grey trousers.
    2. Re:Orwell vs Huxley by RyuuzakiTetsuya · · Score: 1

      Oh come on.

      In some markets, there's, Air America!

      --
      Non impediti ratione cogitationus.
    3. Re:Orwell vs Huxley by bnenning · · Score: 1

      The same top-40 droning on and on with media companies buying up all the frequencies and ticket outlets. As long as Joe and Jane Sixpack get their Britney/flavor of the month fix they're happy

      So the general public likes things that you don't. What exactly do you expect Powell to do about that?

      --
      How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
    4. Re:Orwell vs Huxley by Anonymous Coward · · Score: 0

      I think that's the propoganda he's talking about.

    5. Re:Orwell vs Huxley by CurlyG · · Score: 2, Insightful

      So the general public likes things that you don't. What exactly do you expect Powell to do about that?

      The general public likes whatever they're told to like by Clear Channel and the recording industry.

      That's what the debate is about. It's hard to like music that you never hear.

      --
      You know they call 'em fingers but I've never seen 'em fing. Oh, there they go.
    6. Re:Orwell vs Huxley by Anonymous Coward · · Score: 0

      The general public likes whatever they're told to like

      That's true. Only you have a real opinion - the rest of the world are just mindless sheep. They can't possibly be right when they don't agree with you.

    7. Re:Orwell vs Huxley by Anonymous Coward · · Score: 0

      Air America, right-wing talk radio... it's ALL propaganda. And the bonehead nobodies eat that shit up like candy while those in power laugh at them.

      Humans are moronic, easily- led sheep. Give them a credit card, toss some commercials and talk radio telling them how to live their way and blam... one less nobody willing to raise questions about how they're being controlled. Hell, most of them don't even know it's happening to them.

    8. Re:Orwell vs Huxley by RyuuzakiTetsuya · · Score: 1

      Air America's left wing, actually.

      --
      Non impediti ratione cogitationus.
  17. Re:A puppet for the right wing. by Stick_Fig · · Score: 2, Insightful

    So, did you actually read the article, where he came off as way more intelligent than the thin lines that you're portraying him through, or are you coming out with the tired "OMG OMG HATE REPUBLICANS" argument again? I may not like some (actually, most) of the stuff he's done, but I do have a little more respect for him after actually taking the time to see that he's candid about his views and has honest, principled reasons for his feelings. And no, I'm not Republican, nor do I subscribe to their newsletter, so please don't play that card.

    --
    ShortFormBlog: Writing a little. Saying a lot.
  18. What a bunch of nonsense by Xabraxas · · Score: 4, Informative
    Yeah. It's quite consistent, actually. The indecency laws, first of all, are statutes. The people of the United States, through legislation, have made indecent speech between the hours of 6 a.m. and 11 p.m. over only one medium, broadcasting, unlawful. They have invested in this commission authority to enforce that law. The commission does it in response to the complaints from the public. Many people have tried to argue that we should be like the FBI on indecency and be affirmative, that we should go out and listen to television and radio. We don't do that. We wait for the American people to complain, and then we act on complaints. What has happened in the period you've identified is indecency complaints have skyrocketed.

    What a load of bull. Check the statistics. Something like 99% of the complaints are from the same group who spend all day watching TV just to complain about "indecency" based on their own standard. The FCC only gets something like 200-300 "real" complaints a year. The sudden increase is soley due to this one group. I personally don't want one narrow minded group deciding what is best for me.

    One of the biggest firestorms was over this national cap [on what percentage of the national television audience a single owner can reach], whether it was 35 percent [the former cap], 45 percent as we suggested, or 39 percent, which Congress picked. Going to 45 percent means maybe one to two more stations per network in the United States. That's all that means. So a broadcast network is only allowed to reach with its product 45 percent of America.

    But why can cable reach 100 percent? Satellite television can reach 100 percent. The Internet reaches 100-plus, if you want to go outside the U.S.

    That's a ridiculous argument. The major difference here is that while it's true that you can have 100% internet saturation, so does everyone else! You can't really cut anyone out. It's a similar situation with the other services he mentions. The broadcast spectrum is limited.

    --
    Time makes more converts than reason
    1. Re:What a bunch of nonsense by Kiryat+Malachi · · Score: 1

      The best part is that he can't even get the hours right - the legal safe harbor hours are 10 PM to 6 AM.

      --

      ---
      Mod me down, you fucking twits. Go ahead. I dare you.
      (I read with sigs off.)
    2. Re:What a bunch of nonsense by jbrandon · · Score: 1

      Something like 99% of the complaints are from the same group who spend all day watching TV just to complain about "indecency" based on their own standard.

      Whereas I watch TV all day in search of indecency. That you, Showtime, for bringing us "The L Word", which made hot girl-on-girl action classy (again).

    3. Re:What a bunch of nonsense by ratamacue · · Score: 1

      As long as government has the power to censor, government will claim that censorship is agreed upon by the people. As long as government has any type of power, it will claim that it uses that power on belalf of "the people". This is true of any government, not just democratic republics.

      Trying to convince government that censorship is not what the people want is an uphill battle. The real solution is to limit the scope and power of government, so they wouldn't posess the "right" to do it in the first place. Of course, the concept of limited government was abandoned shortly after the country was first organized.

  19. "Most of the property right-esqe things" by Anonymous Coward · · Score: 0

    "Most of the property right-esqe thingsyou're talking about in public spectrum are our initiatives. " It's spelled right-esque. How can I trust the man if he can't even speak without mispelling words. And this man is in control of the FCC?

    1. Re:"Most of the property right-esqe things" by spauldo · · Score: 1

      No, that man is an editor for reason.

      It was an in-person interview.

      --
      Those who can't do, teach. Those who can't teach either, do tech support.
  20. I hate this man, and everything he stands for by nebaz · · Score: 2, Insightful

    First he tries to allow for big corporations to own EVEN MORE of the media. Look at Clear Channel and the virtual monopoly they have in the radio market.

    Then he (and all of his cronies) push the DTV standard down our throats so they can sell off the spectrum to the highest bidder, at the same time mandating DRM technology with the broadcast flag.

    Then, he arbitrarly decides to enforce (for the first time in a while) some "decency" bullshit with the Super Bowl and all the rest of that stuff, making Europeans chuckle that we are so prudish, "it's for the children"

    They don't seem to care much about broadband over power lines cutting into HAM frequencies, or allocating emergency frequencies close to 800 MHz dangerously close to some cellphones.

    I think the FCC is a mess. This is something that Congress has shunted it's responsibility on. It's much easier to pass a regulation when you only need to bribe 3 people (on the board) instead of the 300 or so for a majority in Congress.

    In short, Michael Pwoell is a corporate shrill, using the "morality" game to distract from his true agenda, corporate power consolidation.

    --
    Rhymes that keep their secrets will unfold behind the clouds.There upon the rainbow is the answer to a neverending story
    1. Re:I hate this man, and everything he stands for by Mike+Hawk · · Score: 2, Insightful

      he arbitrarly decides to enforce (for the first time in a while) some "decency" bullshit with the Super Bowl

      Thats a tough one. To demonstrate anything was arbitrary about the action, one would have to show a pattern of ignoring SOME over-air broadcast instances of intentionally showing a bare, aging titty during a Sunday evening football game watched by tens of millions of people. What were the dates and times of the instances that this administration, or any other really, ignored?

      Does it really matter to you what the Europeans think? They have their traditions and we have ours. One of ours is not showing aging titties on broadcast television at certain times of the day. It hasn't interfered with anyone's ability to deliver political speech yet, and I have yet to hear a compelling arguement that allowing bare titties on TV is necessary. I mean, if the Europeans are participating in the UNSCAM Oil-for-Guns program, does that mean we should too?

      You can agree with the actions taken or not, but calling it arbitrary exposes you as an irrational fearmonger.

    2. Re:I hate this man, and everything he stands for by nebaz · · Score: 1
      --
      Rhymes that keep their secrets will unfold behind the clouds.There upon the rainbow is the answer to a neverending story
    3. Re:I hate this man, and everything he stands for by Anonymous Coward · · Score: 0

      "Citizens against Unclean Network Trash"?

    4. Re:I hate this man, and everything he stands for by Anonymous Coward · · Score: 0

      the term is "shill" but it doesn't really matter, you didn't RTFA anyway.

  21. LIVE! Stern vs. Powell by mattkime · · Score: 4, Interesting

    In October Michael Powell was on a call-in radio show. Stern called, here's what transpired...

    http://www.jimgilliam.com/audio/2004-1-26_stern_po well.mp3 - MP3 of Stern vs. Powell

    Transcript from Buzz Machine - http://www.buzzmachine.com/archives/2004_10_26.htm l

    Stern: Ronn, hi.

    Owens: Is this who I think it is?

    Stern: Yeah, and I want to say hi to the commissioner and a friend of mine told me the commissioner said he was going to be on the show....

    The commissioner has fined me millions of dollars for things I have said and consistently avoids me and avoids me and I wonder how long he will stay on the phone with me.

    Owens: Go ahead and ask your questions.

    Stern: Hi, Michael, how are you?

    Powell: Hi, Howard, how are you?

    Stern: Does it make you nervous to talk to me?

    Powell: It does not....

    Stern: All right, so well, I've got about ten zillion questions for you because you honestly are an enigma to me.

    The first question being: How did you get your job? It is apparent to most of us in broadcasting that your father got you your job. And you kind of sit there:

    You're the judge, you're the arbiter, you're the one who tells us what we can and can't say on the air and yet I really don't think you're qualified to be the head of the commission. Do you deny that your father got you this job?

    Powell: Well, I would deny it exceedingly. You can look at my resume if you want, Howard. I'm not ashamed of it and I think it justifies my existence. I was chief of staff of the antitrust division, I'm an attorney, I was a clerk on the court of the United States I was a private attorney I have the same credentials that virtually anyone who sits in my position does and I think it's a little unfair that just because I happen to have a famous father and other public officials don't that you make the assumption that is the basis on which I sit in my position.

    Owens: Caller already asked this question so move on....

    Stern: So out of all the people that sit on the commission, you were moved to the head of the class. I don't buy your explanation but OK.

    You know, the thing that amazes me about you is, you continually fine me but you're afraid to go to court with me and I'll explain myself if you give me a second:

    Fine after fine came and we tried to go to court with you to find out about obscenity and what your line was and whether our show was indecent, which I don't think it is. And you do something really sneaky behind the scenes. You continue to block Viacom from buying new stations until we pay those fines.

    You are afraid to go court. You are afraid to get a ruling time and time again.

    When will you allow this to go to court and stop practicing your form of racketeering that you do by making stations pay up or you hold up their license renewal?

    Powell: First of all, that's flatly false.

    Stern: It's not false. It's true.

    Powell: I'm afraid it is. There's no reason why Viacom or any other company who feels that they have been wrongly fined can't sue us in court. We have no basis whatsoever to prevent them from going to court.

    Stern: You're lying. I've lived through your fines, Michael. And Mel Karmazin came to me one day and said, Howard, we're gonna have to pay up some sort of cockamame (sp?) bunch of fines that we don't we're wrong because we can't get our paperwork done. We are finding it increasingly difficult to boy radio stations. I know you're not telling the truth. And I question why you are selected to be one who is the FCC commissioner....

    I'm going to Sirius satellite radio....

    Owens: That's the question I was going to ask. Now he's going to go to satellite. One of the things that I read is that there are people who said cable TV, satellite rad

    --
    Know what I like about atheists? I've yet to meet one that believes God is on their side.
    1. Re:LIVE! Stern vs. Powell by Joey+Patterson · · Score: 0, Informative
    2. Re:LIVE! Stern vs. Powell by Anonymous Coward · · Score: 0

      Howard Stern is a racist and sexist pig who deserved every fine he got and more. If you're looking for a poster boy to represent "freedom of speech", find someone who's legitimately had a political point of view squashed by the administration.

      Can't find one? Didn't think so.

    3. Re:LIVE! Stern vs. Powell by Anonymous Coward · · Score: 1

      And anyone reading this will instantly see who was the rational person in the interview.

      I didn't care much for Michael Powell before this and while I didn't like Howard Stern, I felt he was in the right.

      After this exchange, my attitude changed. Powell showed class even in the face of someone telling him that he isn't qualified to hold his position and then went on to say that it was solely because of his father that he had this job. Considering the pull the accuser has, I would have been a bit irked. Powell, however, laughed it off. Its even better in the audio than the transcript. Stern came off as a whiney child that used arguments that had little to no truth to them and got pissed when the host corrected him with facts.

      While I feel that we should stand up for folks freedom of speech, I personally don't think the freedom of speech should extend into forcing it into others homes. By putting this into radio signals, this is exactly what happens. Shout out in the street all ya want. Do so on the internet where the client decides what gets to them. Do so in newspapers where you can choose to buy the papers. But radio? No thanks. If I want thinly veiled references to sex and homophones to profanity, I'll turn into any number of cable channels that I can choose not to carry if thats what I want.

      I think satellite radio is a great place for Stern. Its pretty much broadcast in random background noise to anyone that doesn't have the appropriate encryption key from their subscription. Its still put into my home, but I have to seek it out if that what I want. And that suits me fine...

    4. Re:LIVE! Stern vs. Powell by sheddd · · Score: 2, Insightful

      Powell is a much better speaker then Stern... Stern does come across as a whiny stuipd guy in that call.

      One issue you address I disagree with; 'forcing it into someone's home'. The US decided that portions of the spectrum were the property of the people and would be managed by the FCC.

      The signal is forced into your home (unless you have lots've EM shielding), but if you ask them to stop that, you're also in effect forbidding someone who wants the signal in their home. I think the 'greater good' scenario would be for you to turn off your radio or change the channel.

    5. Re:LIVE! Stern vs. Powell by MmmDee · · Score: 3, Insightful

      I agree. While I like Stern, I think his show is indecent and is more appropriate for the more controlled access that satellite broadcast provides (for the time being). I was struck how Stern's statements about being kept out of court were third-hand information over and over again. IANAL, but I don't see how the government/FCC could prevent someone from suing them or making a big enough stink in the media to force it if such was the case. On the other hand, if Viacom was late with paperwork or through some legal requirement if they must pay legally prescribed fines before a second action can occur, that's hardly the FCC's fault.

      --
      No man's an island, unless he's had too much to drink and wets the bed.
    6. Re:LIVE! Stern vs. Powell by Anonymous Coward · · Score: 0

      Troll, huh?

      Looks like a Stern fan has some mod points.

      Baba booey baba booey baba--

    7. Re:LIVE! Stern vs. Powell by MmmDee · · Score: 1

      Well, I'm not quite sure why that warranted a troll since I was on-topic and expressed my opinion. When you moderate, you're supposed to judge posts by their content, not whether or not you agree with them. In the meantime, you may wish to scan my profile and search through all my postings on this topic and waste mod points mod'ing them all down.

      --
      No man's an island, unless he's had too much to drink and wets the bed.
    8. Re:LIVE! Stern vs. Powell by A+Bugg · · Score: 4, Informative

      The way the FCC keeps companies from suing them is that if you do go to court against the FCC you can't aquire any more radio stations or tv stations because you still have outstanding fines, which are the fines that are being contested and until the case is settled you effectively can't expand so it's really not worth it for companies to fight, it's more advantageous for them to just pay the fine.

      A Bugg

    9. Re:LIVE! Stern vs. Powell by clifyt · · Score: 1

      Don't worry, anything that came out even sounding like it was against Stern got a troll moderation.

      I kinda knew this and posted mine as anonymous in this thread and while it was initially rated up, it was again rated down to Troll simply because folks didn't care for what I said.

      Its like this all the time on /. If you come out in favor of any regulation, the whiney kids throw a temper tantrum. They want pure anarchy and want to do anything any way they want. And thats the Stern argument...I'm popular, thus I should be given a free pass. For instance, Stern doesn't have the reasoning capability to understand the difference between education and obscenity. He continually brings up the Oprah Toss The Salad incident without discussing that it was brought up in the context of explaining to parents what specific terminology is -- personally I don't want to turn to Oprah and hear about this subject, but under the context of education, its permissible (though not encouraged)...where as the fines he had gotten were for puerile Look At Me, I'm Getting Away With This situations. And thats what the slashdotistas want -- they want to cry when someone gets away with something they can't -- even when explained why the situation is different, They want to be able to do what every they want, but at the same time, they want controls on others 'for the greater good'. In a democracy, rights don't just come to those smarter than others (though it would be nice on occasion, but it wouldn't be a democracy then would it).

      So don't worry about the troll rating -- post anonymously when you think something you say will be rated down. Personally, I pick my battles, some things I say that I know will get modded down I say publicly. Others, I don't.

      For instance, I have a feeling this will get modded down because they will say its 'off topic', although perfectly on topic for the thread that has devolved here -- this is the exact reasoning for threaded discussions (albeit the first in the split could be). Doesn't matter to them. Too many whiney children around here (and thus I ensure that I get modded Troll as well as off topic).

      Good luck!

    10. Re:LIVE! Stern vs. Powell by Anonymous Coward · · Score: 0

      don't like being censored either?

    11. Re:LIVE! Stern vs. Powell by sdriver · · Score: 1

      You are a moron.

      You pay the fine and get the money back when you win the case.

      Just like a traffic ticket. This is basic law. Try taking a simple "Business Law" class at your local community college.

    12. Re:LIVE! Stern vs. Powell by techno-vampire · · Score: 1
      The way the FCC keeps companies from suing them is that if you do go to court against the FCC you can't aquire any more radio stations or tv stations because you still have outstanding fines...

      No you don't. The fines aren't assessed until after the case is settled.

      --
      Good, inexpensive web hosting
  22. Re:A puppet for the right wing. by lottameez · · Score: 3, Interesting

    without regard of the greater public good.

    What does that mean exactly? People trash Wal-Mart all the time because they sell non-American-made stuff and extort their suppliers, but they provide generally good merchandise at cheap prices. So do they serve the public good or not?

    Microsoft has helped lure many a non-techie into the tech world, stoking broad markets that many software engineers and support people make their living on. Do they serve the public good?

    And what about radio/TV? People (At least those without Tivo) complain about commercials and the corporations that sponsor them, but by and large, you have enjoyed years of essentially cheap/free entertainment. Isn't that in the public interest?

    So what do you define as doing things for the public good? As far as I'm concerned, people vote every day with their dollars. They can use that vote more effectively than voting for any politician.

    --
    Yeah? Well I think you're overrated too.
  23. Re:Flip-flop - not at all by FredThompson · · Score: 4, Insightful

    Your comment shows a basic lack of understanding of the responsibilities of freedom and even what the concept of freedom entails.

    All "freedoms" include responsibility for associated consequences.

    Public standards of decency, while difficult to define ("I can't define pornography but I know it when I see it."), most certainly are the prerogative of the society.

    They screaming the words "anthrax" in an American airport as loudly as you can, repeatedly and see how long your "freedom of speech" lasts.

    Every action has an equal and opposite reaction applies not just to basic physics experiments but also to everything else in life.

    Society does not give YOU freedom from consequences. When your actions harm others, you will be held accountable. Sometimes that is immediate, sometimes it has less visible repurcussions but you will receive the consequences if every action you take.

    "Freedom of speech" does not mean others are forced to be exposed to such speech nor that the speaker will be free of responsibility.

    Homework assignments (since you seem to be living in a world of first week Civics 101):

    1) What would have been the result of you exposing yourself in public in 1777 America?

    2) Explain how your selected excerpt from the Bill of Rights could possibly have included a definition of speech which meant anything other than sound made from human lips absent of any recording of transmission technologies as none existed in the 1770s.

    3) Explain and demonstrate a preponderance of American court decisions in which individuals are granted complete and total absence of repurcussion from actions deemed offensive when using community-owned resources.

    4) In the case your are unable to properly answer assignment #3, demonstrate through the presentation of historic documents that "freedom of speech" in late 1770s America guaranteed lack of repurcussion from any and all public speech.

  24. Creeping Authoritarianism by Anonymous Coward · · Score: 1, Interesting

    The original remit of the FCC was to regulate "non-Federal Government use of the radio spectrum". Most notably, this meant the issuing and revoking of licences permitting broadcasting and ensuring that electronic equipment did not interfere with other electronic equipment owned by someone else. However, laterly (and this predates the Powell regime) regulation of the radio spectrum has been interpreted to mean regulation of the content of any messages broadcast over the radio waves. There is no democratic remit for this, it is simply how the original remit is now interpreted.

    Whether this is good or bad is but a point of view but clearly it is a position that has evolved over the years and not one that has been arrived at as a result of democratic debate. It is my opinion however, that this is an example of how seemingly innocuous regulation can be usurped to an authoritarian government's advantage, resulting in a official scheme in which free speech can be controlled and consequently, how thought can also be controlled.

    1. Re:Creeping Authoritarianism by Steve+B · · Score: 1
      The original remit of the FCC was to regulate "non-Federal Government use of the radio spectrum". Most notably, this meant the issuing and revoking of licences permitting broadcasting and ensuring that electronic equipment did not interfere with other electronic equipment owned by someone else. However, laterly (and this predates the Powell regime) regulation of the radio spectrum has been interpreted to mean regulation of the content of any messages broadcast over the radio waves. There is no democratic remit for this, it is simply how the original remit is now interpreted.

      The root problem is that socialist ideas were respectable at the time that radio was developed into a mass medium. As a result, instead of a rational property-rights model (Joe Blow can't broadcast interference on John Doe's channel, and the government's role is to resolve disputes as to who owns which channel in a given area), we got a muddle based on the notion that "the public owns the airwaves" (which, in reality, translates to "the politicians control the broadcast media").

      --
      /. If the government wants us to respect the law, it should set a better example.
  25. So Close by Anonymous Coward · · Score: 0
    He's just a republican lackey.

    Lackey? More like "Oreo".

  26. I don't hate republicans by zymano · · Score: 1

    Allowing a few corporations to control most of the spectrum and most of broadband is 'wrong'. They have crossed the line in allowing monopolies. We have less choices everyday. What next ? Get rid of PBS and use those frequencies for another shopping channel ? That i want to see.

    1. Re:I don't hate republicans by Stick_Fig · · Score: 1

      Thanks for actually replying to my point. Did you read the article yet?

      --
      ShortFormBlog: Writing a little. Saying a lot.
  27. Re:A puppet for the right wing. by jafac · · Score: 0, Flamebait

    He's 'DESTROYED' radio with monopolies like Clear Channel

    Actually, I hope this continues further. In about 10 more years, people will stop watching and listening to the ONE media empire that's left, knowing full-well that it's nothing but an empty void of self-promoting garbage.

    It's not obvious to most people now, because there's the ILLUSION that there's competition and that the Free Market has things under control.

    I say, stop trying to fight it. Let it all glom together, and the Free Market will REALLY come into play. I'm not usually a big believer in the whole "Monopolies eventually destroy themselves" meme. But if less people watch and listen to the media we have today, I can't help but think that we'll ALL be far better off.

    But I still think Michael Powell has his head up his ass.

    --

    These are my friends, See how they glisten. See this one shine, how he smiles in the light.
  28. he got interviewed by a gauss gun? by Avial · · Score: 0, Troll

    Last I remember, Reason was a nuclear-powered gauss gun or something that fired depleted uranium rounds.

    --
    help a poor college grad get a free Mac Mini
  29. Re:Flip-flop - not at all by lawpoop · · Score: 2, Informative
    "2) Explain how your selected excerpt from the Bill of Rights could possibly have included a definition of speech which meant anything other than sound made from human lips absent of any recording of transmission technologies as none existed in the 1770s."

    See writing and printing.

    --
    Computers are useless. They can only give you answers.
    -- Pablo Picasso
  30. Greater good. by zymano · · Score: 1

    Suppose your unemployed with no money and riding your bike one day and car doesn't see you and hits you breaking many bones and puts you in critical situation. Someone takes you to the hospital and they ask you for cash on the spot or they wont admit you.

    Thankfully not in this country. Maybe you don't like that law either. It's definitely a money loser.

    Now you understand the greater good.

    1. Re:Greater good. by Anonymous Coward · · Score: 0

      There are hospitals that HAVE closed their ER's because of too many indignant (i.e., can't pay/no insurance) patients, and they could no longer figure out a way to bilk...er, charge back to insurance companies to cover for this.

      Now, the "cool" thing is to pay for things like "for $50/yr, the Lifeflight network is there to airlift you to the hospital", blah blah blah.

      There was a story about a woman (american citizen) who went to Italy to get an operation at a public Italian hospital. "No, don't do it!", everyone told her. But she wrote a rather interesting story about it, and it worked fine.

      It's *NOT* the same situation as American nursing homes, which exist to suck patient's assets dry first until Medicare kicks in (and quality of care goes down?).

    2. Re:Greater good. by lottameez · · Score: 1

      Suppose I have never paid a bill in my life due to bad choices, bad luck, or god-knows-what. Suppose you have have always paid your bills due to a rich family or perhaps by slogging through college and working hard. Suppose we are hit by the same car, have the same severe injuries, and are brought to the same hospital. Because of the high cost of malpractice insurance, there is only one doctor on duty. Who should he help first? Is helping the greater good helping you, who has contributed the most to society thru taxes, consuming services, etc? Or helping me, someone who consumes far more of societal resources and in fact, infringes upon the "greater good"?

      --
      Yeah? Well I think you're overrated too.
  31. Powell by sheddd · · Score: 1
    Comes across as a really intelligent, likeable guy when I hear him speak or read interviews, but many FCC decisions infuriate me.

    Slashdot's got a pretty decent index of decisions I disagree with:

    Google slashdot for FCC

    - VOIP regulation (how about linux voip clients? Can't regulate them; the good bad guys will not use a monitored communication method. Why drive up the cost for the rest of us?

    - Broadcast flag: He argues this will increase HDTV adoption by pleasing the manufacturers/content owners... I thought the FCC was supposed enforce this by mandate, not ecenomic incentive.

    - TV ownership: While I in principal agree with deregulation, I think media is one of the most powerful forces in the country, is biased, and has too much control over the world. It's too hard for independent media these days (exception: internet). Good interview concerning this with Ted Tuener (he's a bit of a kook but informative interview):

    http://www.washingtonmonthly.com/features/2004/040 7.turner.html

    - Cable modem tax (DSL is already taxed)... the intent is to make it cheaper for rural areas but I say let the market figure it out.

    - Requiring bradcasters to keep tapes of shows (hurts indy media badly)

    More, but I'm too lazy.

  32. Re:Flip-flop ("Fire!" in a movie theatre) by software_trainer · · Score: 1

    Simply quoting Chief Justice Rehnquist's famous example of freedom of speech not applying to yelling "Fire!" in a crowded theatre ignores the principle of "No harm, no crime." If I yell "Fire!" and everyone either laughs or ignores me, the law might accuse me of committing a crime, but if there's no harm there is no actual crime. That doesn't mean I won't be punished for a "crime." It just means that I will be punished for a victimless crime.

    To punish someone for something that might have caused harm ("You could have started a stampede. You're lucky no one took you seriously!") is to start going down a slippery slope. Where do you draw the line on punishing people for speech that might have caused harm? And give me an objective reason for drawing the line there. You enter a realm where the definition of "crime" depends upon societal whim.

  33. Re:Michael Powell and his daddy by mordors9 · · Score: 0, Flamebait

    I don't think using racial epithets is an appropriate way of expressing your disagreement. If you think they are empty suits mimicing the party line fine, but calling them porch monkeys is uncalled for. Why is it liberals all think they can call black conservatives anything they want since the NAACP won't say anything.

  34. Re:Flip-flop - not at all by FredThompson · · Score: 0, Troll

    The question was not, "What are definitions of 'wrinting' and 'printing.'"

    Sigh, I guess I'll have to give the class the answer.

    The quoted excerpt from the Bill of Rights can only be interpreted to have meant verbal language created from human lips and printing presses. There was no form of recording of sound and no method of amplified transmission. All printing presses in the Colonies were controlled by the Monarch of England. (sidebar: there were lots of other limits placed on the Colonists including a prohibition on owning metal tools. Imagine trying to dig in rocky soil with a wooden shovel. That exact situation led to illegal manufacture and sale of metal tools by the Colonists. The offset handle common to shovels was a Colonial invention as well.) The very fact that the list includes the two specific items of speech and printing presses reinforces these definitions. The concept of "speech" to include recorded or non-verbal expression came far later.

  35. Re:Watch what he does, not what he says he is doin by bnenning · · Score: 1

    Not to mention Reason is a big "deregulate everything now!!!" nutcase group.

    Um, they're fairly moderate liberatarians, who are not nutcases unless Mao is your idea of a centrist.

    deregulation means crap on the radio

    If by "crap" you mean "stuff that other people like but I don't", then yes, quite possibly. I don't see why the FCC should be imposing your individual preferences on the public though.

    Of course they love Powell.

    No, actually, they don't. Deregulation implies opposition to censorship, for example.

    --
    How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
  36. Re:Michael Powell and his daddy by HanzoSpam · · Score: 2, Interesting

    As far as I can see the FCC's push to penalize "indecency" on the airwaves has two motivations. It pleases right wing X-tians, who are too fucking stupid to change the channel on their TV or radio or turn the thing off, and it transfers money out of the pockets of broadcasters and into the coffers of the FCC.

    You're missing something here. It's also encouraging the obsolescence of broadcast TV and radio, which the FCC regulates, in favor of cable/satellite TV and radio, which it doesn't.

    What better, and more politically palatable, way to deregulate than to obsolete regulated industries?

    There's a method to the madness here.

    --

    Progressivism: Parasites helping parasites to help themselves - to other people's stuff.
  37. Pick the Moral as you want (aka hypocrisiy) by Singwolf · · Score: 2, Funny

    Take and American glamour periodical paper. What is that you don't see? Tits. Now take any glamour paper from Europe. What do you see? Tits. So that's the difference. And now, do Americans _really_ see fewer tits than Europeans? I wouldn't put in on paper...

  38. Are we reading the same article? by TRACK-YOUR-POSITION · · Score: 1
    This makes me think far worse of Micheal Powell. At the top of the article, Reason manages to sum up why everyone claims he's simultaneously pro-censorship, pro-government regulation, and pro-big business. You know, not a libertarian, not a conservative, but a Bush-ite. In the the interview, Powell denies each of these, but the only defense he can offer are vague policiy initiatives and newspeak.

    The best part was when he said "To suggest that we bend the First Amendment for one industry singularly is to do hazard to our most cherished principle." He then tells us why he is doing exactly that--because Congress passes a law saying he can. Apparently, he is completely unaware that the First Amendment overrules Congression law.

    The thing is, my belief is contraryto Reason's--and, I thought, in line with Powell's censorship actions. I think the public owns the airwaves, the public can censor them as they see fit. Maybe you agree with me, maybe you agree with Reason. But either way, Powell is flip-flopping worse than Kerry ever did. When he blames MoveOn.org for the firestorm over broadcast limits, he forgets to note that the NRA, Christian Coalition, and Senator Trent Lott were also against loosening the limits.

  39. Re:Michael Powell and his daddy by MmmDee · · Score: 1
    Obviously you have no children. If you do, I'd challenge you to show the mother of your kids your post and see what she thinks. Some people are just not capable of being parents and teaching deceny and morality. I'm definitely not a bible thumper and rarely (twice in the last 10 years) attend church, but I have a sense of what's right and wrong. Vulgarity in public is never appropriate and is a sign of an immature mind that can't think socially above a certain level.

    There are many liberals who also appreciate government regulation when it comes to game/movie ratings, parental advisories, etc. It's not simply an artifact of the "right wing X-tians (sic)".

    If money is being transfered out of broadcaster pockets and into the coffers of the FCC, who's fault is that? I suspect broadcasters are well versed in the various "naughty words" (Carlin's phrase, not mine) that shouldn't be broadcast. I for one am not such a fool to think that Jackson/Timberlake pulled off their stunt without any prior knowledge/approval of CBS.

    --
    No man's an island, unless he's had too much to drink and wets the bed.
  40. Re:What a bunch of nonsense, support ... by Ralconte · · Score: 1

    An article in Media Week reports that the complaints about the famous wardrobe malfuction at the superbowl was all from the same group -- a bunch of copies of the same letter. The FCC claims they didn't notice they were getting a bunch of near photocopies, I figure it pleases both the Religious right and liberals (or did you all forget Sen. Liberman vs. video games and Tipper Gore with the PMRC). This is the perfect bipartisan issue that can't fail.

  41. Nice troll. I am in awe.

    --
    http://persianews.on.nimp.org/?u=Tar_Baby
    1. Re:Wow by Anonymous Coward · · Score: 0

      Given that you appear to be the troll queen (as evidenced by your numerous postings labeled troll), that's almost noteworthy praise, if you hadn't been such a moron and took poster's comment and let them fly in one ear and out the other you might have learned something, if only one other person's opinion.

  42. Re:A puppet for the right wing. by software_trainer · · Score: 2, Insightful
    without regard of the greater public good

    Well, I'm definitely setting myself up for an intellectual beating by posting this in front of so many smart people, but let's see what happens anyway. I submit to you that the entire concept of a "greater good" is a logical fallacy. There is an "individual good," which exists. But logically, there is no "greater good;" it's an abstraction and has no real existence.

    Anything that's real, that is, anything that is not just an abstraction or intellectual construct, has a defineable limit between it and the rest of the world. The monitor you're reading this on, by virtue of the definition of "monitor," has a boundary that delineates it from the rest of the world. You know objectively and certainly where that monitor ends and the rest of the world begins.

    "The Greater Good" has no such objective definition. Exactly who is this "Greater" who is experiencing the "Good" you speak of? The majority of Americans? The majority of humans? White people? Black people? The composition of this "Greater" changes with every situation. It's no more definable than the concept of "warmth." Prove to me objectively where "warmth" ends and "heat" begins. You can't, and that makes it arbitrary.

    When you base law upon the "Greater Good" you base it upon something that's arbitrary, upon the shifting sand of an intellectual construct. If you do that, what makes your laws better than any other arbitray system?

    "Individual Good," however, does pass at least one test for a real, objective, existent "thing." It has a defineable boundary. My individual good, my individual rights, end where yours begins. We may argue about where my rights end, just as we may argue about where the monitor ends and the computer begins (at which end of the cable?). But we both agree that such a boundary exists and that it's defineable.

    I would be suspicious of anyone passing regulations for the "greater good," and so were the founders of this country. They recognized that the only "good" and the only "liberty" that is not subject to a whimsical redefinition by society is that of the individual. Our politicians and schools push the idea of the "greater good," but I think they unwittingly do us a disservice.

  43. he is too a censor by elmegil · · Score: 1
    It would appear that despite recent actions, he's not the pro censorship icon many people think.

    Are you going to judge him by his words, which dissemble, or by his actions, which demonstrate his acceptance of the influence of the PTC?

    --
    7 November 2006: The day Americans realized corruption and incompetence weren't addressing 11 September 2001
  44. Powell is a liar... by RecycledElectrons · · Score: 0, Flamebait

    samzenpus, you're confused. You said "It would appear that despite recent actions, he's not the pro censorship icon many people think." You should have said "The lying weasel claims to not be the pro ccensorship icon many people think, so nothgin else he says can be taken seriously."

    Remember: Guns don't kill people; the government does. Powell is our version of Gerbels. He must be stopped, arrested tried, convicted, and sentenced.

    Andy Out!

    1. Re:Powell is a liar... by Anonymous Coward · · Score: 0

      See the italics? That is quoted text. He didn't say that, the submitter did.

      You Fail It.

  45. Re:Flip-flop - not at all by spauldo · · Score: 1

    Just pointing out, if you had tried these things in the late 1770's, you would not have been protected under the bill of rights; The constitution wasn't written until the 1780's, and the bill of rights was ratified over the next few years.

    --
    Those who can't do, teach. Those who can't teach either, do tech support.
  46. Re:A puppet for the right wing. by amalcon · · Score: 1

    Your first point (re: wal-mart) is concerning just who is the public. This is actually a reasonable point. What it comes down to is, however, that cutthroat business practices like those practiced by Wal-Mart have historically damaged the industry (see: standard oil). You do, however, have a somewhat valid point there.

    Your second point (re: MS) is a classic fallacy -- you are claiming that MS would not be able to cause any of their beneficial effects without causing all of the detrimental ones. Technology is powerful; people can see that without Microsoft having to show them.

    Your third point (re: mass media) is also flawed. It is based on the assumption that, because you are not directly shelling out cash to the provider of a service, you do not bear the cost. The money that pays for advertising must come from somewhere -- and in this day and age, it comes from everywhere. Advertising is an effective tax -- if you don't advertise, you don't make money. If you don't make money, and are a for-profit corporation, you cease to exist. Basic economics tells us that it doesn't matter where the taxes come from, as long as they do come. The burden is felt by all.

    You sound like a Libertarian. Don't get me wrong, I probably agree with the Libertarian party on more issues than any other. I just think that the concept of "The market will police itself" has a lot of classic problems. Most notably, it only works long-term if most people are not shortsighted.

    --
    -Amalcon
  47. Re:Flip-flop - not at all by jafac · · Score: 3, Insightful

    Society does not give YOU freedom from consequences. When your actions harm others, you will be held accountable.

    yeah. let me know when someone in the Bush administration is held accountable for exposing an undercover CIA agent working on nuclear proliferation, as a means of "punishing" Joe Wilson for speaking out against the Administration's policies.

    Oops! there's another exception to the First Amendment. You're *not* free to reveal identities of undercover CIA agents. But as a conveeeenient side effect of First Amendment, Robert Novak doesn't have to reveal his source "within the Bush Administration".

    "Freedom of speech" does not mean others are forced to be exposed to such speech nor that the speaker will be free of responsibility

    It's called an off-switch.

    Explain and demonstrate a preponderance of American court decisions in which individuals are granted complete and total absence of repurcussion from actions deemed offensive when using community-owned resources

    Activist Judges.

    --

    These are my friends, See how they glisten. See this one shine, how he smiles in the light.
  48. Gerbels? by Anonymous Coward · · Score: 0

    Goebbels

    1. Re:Gerbels? by hplasm · · Score: 0

      Gerbils? The Nazi??

      --
      ...and he grinned, like a fox eating shit out of a wire brush.
  49. laissez-faire = leave it alone by version5 · · Score: 1

    In french.

    --

    "It's Dot Com!"

    1. Re:laissez-faire = leave it alone by MmmDee · · Score: 1

      noted, thanks... I should have looked it up first...

      --
      No man's an island, unless he's had too much to drink and wets the bed.
  50. Re:A puppet for the right wing. by Tayssir+John+Gabbour · · Score: 1
    What does that mean exactly? People trash Wal-Mart all the time because they sell non-American-made stuff and extort their suppliers, but they provide generally good merchandise at cheap prices. So do they serve the public good or not?
    No. Providing low prices is not a public good, if by doing so they damage most of the customers (and nation) they ostensibly serve.

    Walmart supplies itself from regions like China with low regard for human rights, where workers are treated badly. If you think about it, American workers and small businesses would have a hard time competing with slavery like prison labor.

    Walmart poverty is such a problem, that frequently its employees can only afford to shop at... Walmart.

    Microsoft has helped lure many a non-techie into the tech world, stoking broad markets that many software engineers and support people make their living on. Do they serve the public good?
    Not likely. Microsoft aims whenever possible to limit competition. For example, Microsoft probably still uses its monopoly position to have hardware manufacturers like Dell sign secret contracts which specify prohibitive penalties if they choose to sell a computer without a Windows license (the "Windows Tax"), or retaliates in some other manner.

    Also, they attempt to apply "embrace, extend, extinguish" strategies to technologies developed for decades under enormous public expense, like the internet.

    As a huge, public corporation without a mandate to do public good, its only goal is to maximize shareholder returns. It is not out to "do good"; any good things it does are incidental to its real goal.

    And what about radio/TV? People (At least those without Tivo) complain about commercials and the corporations that sponsor them, but by and large, you have enjoyed years of essentially cheap/free entertainment. Isn't that in the public interest?

    No. The business model of huge, public corporations like Clear Channel is to sell people to other corporations (advertisers). Since Clear Channel is a corporation without a mandate to do public good, it will not likely air content (news, etc) which would anger too many of its advertisers.

    The New York Times learned not to anger too many businesses at once.

    The airwaves are publicly owned. These corporations only lease it from us. Therefore it is important we manage those airwaves to maximize our interests, just as any CEO would.

    So what do you define as doing things for the public good? As far as I'm concerned, people vote every day with their dollars. They can use that vote more effectively than voting for any politician.
    Many industries are oligarchies. In mainstream personal computing, there are only two main commercial OS choices, Microsoft and Apple. The only competition, which would not exist if software weren't so unusual, is from the Free Software world. Because Microsoft and Apple have an enormous lock on the market.
  51. Nothing to see here... by Anonymous Coward · · Score: 0

    Nothing to see here. More al.... splat.

  52. Re:A puppet for the right wing. by lottameez · · Score: 2, Insightful

    Your second point (re: MS) is a classic fallacy... Oh great, I've always loved the classics. I hate all the neo-fallacy stuff you see everywheres these days.

    Ahem. My point, generally, was just to express that corporations provide jobs, goods, and services, so they do serve the public interest. What is less clear is "which public" they serve.

    With respect to the mass media: they provide entertainment for the masses and leave it up to the masses to decide if they wish to pay for it by purchasing products from their sponsors. This is about as public-friendly of a business model as can be constructed without giving it away for free. We can argue quality all day, but look at ratings of the public TV stations versus commericial ones. As I said in my original post - people vote with their dollars.

    "The market will police itself" has a lot of classic problems. As does poorly conceived tax incentives, regulations and bureaucratic (sp?) tampering (see patent law for example).

    --
    Yeah? Well I think you're overrated too.
  53. Re:Flip-flop ("Fire!" in a movie theatre) by flabbergast · · Score: 1

    I never said that someone should be punished for something they "might" say. Of course its all context: if I yell fire in a movie theatre and I'm not taken serious there are no repercussions, but causing a stampede is obviously harmful. I was simply pointing out to the GP that freedom of speech does not constitute a carte blanche to simply say anything you want.

    As for an "objective reason for drawing a line there," all of our laws are social constructs. Why is murder illegal? Because we as a society find it reprehensible to take a human life and we've agreed that its within our best interest to try to prevent it whenever possible. What is the objective reason to outlaw murder?

  54. Re:Reminds me of something Picard onces said on TN by Anonymous Coward · · Score: 0

    There needs to be a +1 for super-geeky!

  55. Re:A puppet for the right wing. by Anonymous Coward · · Score: 0

    You, sir, are correct.

    In a better government, every policy would have some tangible goal which has some metric by which the policy's success can easily and reliably be measured. Goals that do not satisfy this criterion are generally invoked, whether intentionally or not, to pursue one's own interests.

    Saying a policy is for the sake of the greater good is not acceptable. But if you can get a reasonable assessment of its costs and benefits you actually have something other than dogma to work with. With this sort of information you can actually have a conversation that doesn't break down into an ideological circle-jerk.

  56. Re:A puppet for the right wing. by Wansu · · Score: 1


    Actually, I hope this continues further. In about 10 more years, people will stop watching and listening to the ONE media empire that's left, knowing full-well that it's nothing but an empty void of self-promoting garbage.

    Yeah. It's sort of like yeast in the grape juice. They eventually pickle themselves in their own excrement.

    --
    Wansu, th' chinese sailor
  57. Re:Flip-flop - not at all by asdfghjklqwertyuiop · · Score: 1

    "Freedom of speech" does not mean others are forced to be exposed to such speech


    Exactly. Now tell me if Howard Stern does something naughty on the radio, who was forced to be exposed to it?

  58. Re:Flip-flop - not at all by Doctor+Faustus · · Score: 1

    Could you explain what meaning "Freedom of Speach" has left after all that?

  59. Re:A puppet for the right wing. by rgmoore · · Score: 1
    So what do you define as doing things for the public good? As far as I'm concerned, people vote every day with their dollars. They can use that vote more effectively than voting for any politician.

    But people can only vote with their dollars if there's a range of goods and services to choose from. If there's a monopoly or oligopoly, there just aren't enough choices to make voting with ones wallet a reasonable approach. You can view this as an economic counterpart to complaints about the lack of choices in our current two party political system. If major parties (or businesses) can squeeze out most of their competitors, then voters (or consumers) aren't necessarily presented with any acceptable choices.

    This is particularly important in an area like broadcast media. Whether or not there are good reasons for it, our current system places a sharp limit on the total number of broadcast outlets in a given area. That makes the broadcast market a ripe target for monopolies or oligopolies to take over. The same government that restricts the number of broadcast outlets must ensure that limited number of outlets aren't concentrated into too few hands, or the public won't be able to vote with their dollars.

    --

    There's no point in questioning authority if you aren't going to listen to the answers.

  60. Re:A puppet for the right wing. by lottameez · · Score: 1

    No. Providing low prices is not a public good, if by doing so they damage most of the customers (and nation) they ostensibly serve.

    There's lots of stuff I could probably comment about in your post, but I think this is the most representative about your perspective.

    If Wal-Mart had high-prices, you'd probably complain that they serve only the elite by oppressing the working class. Wal-Mart provides pretty good quality items at reasonable prices. That's not a bad thing. People living at the lower income levels can afford to purchase merchandise that makes their lives better. You seem to suggest more people are hurt by this than benefit - I disagree. With respect to China - working conditions there have always been harsh, and yet now, because of western capitalist commerce, the standard of living in China is rising dramatically. Is that bad too?

    --
    Yeah? Well I think you're overrated too.
  61. What did you expect him to say? by killjoe · · Score: 1

    The man is a politician. He is not going to say "I am for censorship". he isn't going to say 'I have to keep the christian right happy".

    he is going to say what he expects you to hear. It's not like he has principles or morals or anything. he is a politician.

    --
    evil is as evil does
  62. Re:Flip-flop - not at all by FredThompson · · Score: 1

    Do some research and you'll find that Jow Wilson's wife wasn't an undercover CIA agent nor was she "outed" as a way to "punish" him. Read the Senate and 9/11 commission reports, in full. Additionally, all that yellowcake which Joe Wilson supposedly "proved" wasn't being sought by Saddam's Iraq conveniently showed up. So did the paper trail. Oops to your comment.

    The First Amendment right of free speech does not give anyone the right to endanger the life of someone else. The legal ability for reporters to protect sources is exactly what gives the U.S. the most government-free press in the world. Don't forget, that's the same press who conveeeeniently falsified reports of Vietnam atrocities, engineered vehicles to fall over during testing (20/20, wasn't it?) and knowingly tried to influence the most recent Presidcential election with obvious forgeries.

    The presence of an off switch has nothing to do with the topic. Stay on topic. Freedom of speech does not mean anyone is forced to listen to speech. It does not mean the public is forced to allow the public property of the "ether" to be used to carry all speech.

    "Activist Judges." A preponderence of precidence is not a predictable sound bite. You've referred only to anomoly.

  63. Re:A puppet for the right wing. by Tayssir+John+Gabbour · · Score: 1
    If Wal-Mart had high-prices, you'd probably complain that they serve only the elite by oppressing the working class.

    It's an interesting tactic to put words in my mouth. I said and believe no such thing: charging higher prices would be absolutely fine, because it wouldn't kill local small business, and Walmart would probably pay employees more reasonable wages.

    Further, I don't talk about "oppressing the working class." That's boring college-talk. In fact, I don't even "complain" about Walmart. I just think they're anti-American; and you asked after all. I'm answering your question, and I thought you asked out of genuine curiosity. (Then again, this is Slashdot. ;)

    There's lots of stuff I could probably comment about in your post, but I think this is the most representative about your perspective.
    Go ahead and comment, just do me the favor of not setting up and burning down strawmen, extrapolating what you think I mean. I wrote a long post, and you should be able to hold up specific examples taken from what I actually said.
    With respect to China - working conditions there have always been harsh, and yet now, because of western capitalist commerce, the standard of living in China is rising dramatically
    To clarify, are you claiming Walmart refuses suppliers which use prison labor and other human-rights abuses? That would give me enough information to fully answer this point of yours. Assuming of course we're discussing out of genuine interest in truth, rather than "debating."
  64. Re:A puppet for the right wing. by Tayssir+John+Gabbour · · Score: 1

    Incidentally, if I sound combative, excuse me. I think of this place as one big flamewar -- and if I mistakenly perceived yours to be, that's my fault.

  65. Re:Flip-flop - not at all by FredThompson · · Score: 1

    You've proven my point with your words, "on the radio."

    "on the radio" means using public property. Broadcasters are given exclusive right to aspects of the specturm and geography. In exchange, they are subject to the law which holds them accountable to societal standards of what is acceptable.

    Howard Stern and anyone else can SAY whatever they want. They have right to force others to listen nor to be unaccountable for the repurcussions of their words.

    It's the same concept as having a driver's license. It's not a right, it's a limited privilege granted by the state. Use of spectrum is not a right, it is a limited privilege with conditions of use.

  66. Re:Flip-flop - not at all by FredThompson · · Score: 1

    "Freedom of speech" means people can express opinions in all circumstances. It does not mean they have no accountability when their "speech" injures others nor do they have a "right" to be heard. This includes funding or access to the means of transmission of speech.

    Do you remember the "Piss Christ" things from a few years ago? IIRC, the National Endowment for the Arts funded a public display of "art" which included crosses in containers of urine or something like that. The major issue was that public assets were used to fund the show, tantamount to transmitting and endorsing it.

    In Hyde Park it is illegal to state disaproval of the Queen of England. America has no such laws. IOW, it's allowable to disagree in America, there are repurcussions for being disagreeable.

    As with many other questions of "values", there is significant grey area. The example of Howard Stern and Oprah Winfrey both discussing breasts shows how context is important.

    One of the reasons the FCC isn't charged with enforcing content standards over satellite transmissions is the encrypted access authorization. Broadcasts in the clear don't have any form of acces restriction so the broadcasters are held to a tighter standard of behavior.

    Think of it this way, with encrypted satellite or landline transmissions, there is far less chance of Jenna Jameson movies being viewed by unaccompanied children on Saturday morning. If they see that stuff, it's a direct result of adults not providing proper controls within their homes.

  67. Re:Flip-flop - not at all by MrPeach · · Score: 2, Insightful

    You are overlooking, seemingly quite deliberately, the fact that they enumerated all modes of expression known at the time. The extension to new modes of expression as they are created are implied.

    I really despise people that read the bill of rights as being the sole definition of our rights, instead of what it was intended to be - a non-exclusive statement of rights that they felt important at the time to make sure were clearly delineated, so as to prevent extravagant re-interpretations (such as has happened many times since) of the enumerated government powers into some all-inclusive powers. Just look at some of the powers the feds have assumed in the name of interstate commerce.

    Do you interpret the interstate control rights in the limited manner intended, or do you support the expansive interpretation?

    Why do we allow expansions beyond reason for clearly enumerated powers (which were intended to be sharply limited), yet try to apply the most restrictive interpretations to the bill of rights (which were intended to be a non-exclusive set of examples of civil rights)?

  68. I'm mad as hell... by Anonymous Coward · · Score: 0

    Some of our founding fathers (like Hamilton) didn't want to muck up the Constitution with the Bill of Rights. They felt that by putting in writing that congress could not abridge freedom of speech, for example, there was the implicit statement that without such a Bill, that the government *could* legislate speech. I'm beginning to think he was right.

    My country has lost its way. Instead of people having freedom and rights except those explicitly given to the government, I see the government saying what rights and freedoms people have.

    What right does the FCC have to even exist? Where in the constitution does it say anything about indecency? Or "broadcast flags"? Why does the government think it can do these things? Are we not a free country?

    I guess if I don't like them pissing on the first amendment, there's always the second amendment...

  69. Re:Flip-flop - not at all by FredThompson · · Score: 1

    I've just thought of some more examples of accountability for speech.

    Do you remember the TV ads for Miss Cleo, the "psychic?" She wasn't overtly offensive but her words and the associated activities were deemed unacceptable by society so the government forced her off the air along with other punishments.

    Were her "free speech rights" violated?

    No, she was still subject to being accountable for the results of her speech. "Free speech" doesn't mean she or anyone else can lie as a means to trick people out of their money.

    Have you ever seen Robert Tilton during the afternoon. He's the televangelist who comes on in the afternoon around 1 PM or so and tells frustrated housewives he can "feel their pain" (OK, I stole that phrase from Slick Willy but you get the idea) and they'll "get that new car" or their "marriage will be healed" or whatever if they just send him that large lover offering. He's been taken down a few times as well. There's no way to legally prove his claims that God will give someone material blesing if they send him lots of material are false but he has been caught striping money from envelopes and throwing the letters away.

    The basic concepts of consumer protection in the U.S. are based on the accountability resulting from public speech. Warranties and the ability to return a defective or unwanted item after purchase both have their root in accountability resulting from public speech.

    Make sense? How so. It's not as if there is no freedom of speech. It's a balance between ability to express and accountability for the manner, means and mode of expression.

    (If you live in the U.S. and have an opportunity to spend a significant amount of time in other countries, ask people about the concept of returning something after it's purchased. The U.S. has English Common Law as a basis and the history of muckrakers and trust busters. Others countries don't necessary have the same balance of accountability that exists in the U.S. countries which have the Napoleonic COde as their basis are much more "buyer beware." In most of the Middle East, expressions of disagreement with the government aren't treated the same as in the U.S. People who disagree with the government in those areas have a tendency to get lost, if you know what I mean.

  70. Re:Reminds me of something Picard onces said on TN by Saeger · · Score: 1

    Every "intelligent" series eventually does the obligitory witch-hunt episode. BattleStar Galactica already had its (Cylon/Not-a-Cylon). Babylon 5 stretched it over a season (are you with President Clarke? Or Against?).

    --
    Power to the Peaceful
  71. Lessig agrees by everdred · · Score: 1

    Über-liberal Lawrence Lessig's recent article profiling Powell came to similar conclusions about the guy.

  72. Re:Flip-flop ("Fire!" in a movie theatre) by ZB+Mowrey · · Score: 1
    This is what comes from a society that eliminates man's need to survive. We get so comfortable with our toys that all of the little problems suddenly seem like big problems. Go experience war or hunger (real hunger, not "hey, I want a cheeseburger" hunger), and then come talk to me about vulgarity being a Big Issue.

    Murder, rape, and theft are Big Problems. Homelessness is a Big Problem. AIDS and other diseases are Big Problems. Vulgarity is little shit, and not really that big of an issue in the long run, ya know?

    To sum it up: if you're afraid that radio (or TV, or Rock and Roll, or Video Games) will ruin your kids, then you have done a lousy fucking job as a parent, and deserve any disrespect handed your way. You're probably the same type that is happy to send your kids off to public schools where someone you can't fire gets to tell your kids how the world works.

    --

    Self-referential sigs are rarely entertaining.

  73. Re:A puppet for the right wing. by lottameez · · Score: 1

    No apologies necessary. I get annoyed when people put words in my mouth or otherwise classify me, so I'm sorry that I did it to you.

    I'm too tired to respond to your specific arguments now tho :-)

    --
    Yeah? Well I think you're overrated too.
  74. Re:Michael Powell and his daddy by multiplexo · · Score: 1
    Obviously you have no children. If you do, I'd challenge you to show the mother of your kids your post and see what she thinks. Some people are just not capable of being parents and teaching deceny and morality. I'm definitely not a bible thumper and rarely (twice in the last 10 years) attend church, but I have a sense of what's right and wrong. Vulgarity in public is never appropriate and is a sign of an immature mind that can't think socially above a certain level.

    No, I don't have kids, thank the fuck Christ (to quote Billy Bob Thornton from Bad Santa). But if I did I wouldn't let them watch any TV. My stepsister and stepbrother strictly ration the TV they allow my nephews and nieces to watch, with the result that they have children who are very well read for their age and have decent attention spans and are a positive joy (OK, I'm a biased uncle, so sue me). I have no use for people who punch out children without thinking of the great and grave responsibility they are undertaking and then sit the little heathens down in front of the idiot box all day long and expect it to raise them while they go do something else. Note that this is not a function of socio-economic status. I know plenty of people who are very well off and who have children and who seem to feel that they are some sort of lifestyle accessory rather than a huge responsibility.

    Sure, there are lots of people out there who are lousy parents, on the other hand the US government is a lousy surrogate parent and I'm damned if I want my tax dollars to be used to pay for the government as a surrogate parent for all of the idiots out there who spawned without thinking.

    As for the Timberlake/Jackson nipple flap did anyone actually see it? I was watching the Superbowl, through a Tivo and I didn't see the nipple until the next day, when it was spread all over the news media. I guess I was more interested in what the Pats and Cats were doing on the field than I was in the half-time show, which is always a noisome load of crap. But I did sit through the halftime show, and mocked it with my friends I was watching the game with, and none of us saw that brief flash of Janet Jackson's titty. And it's not as if any child who was ever breast fed has never seen one of those before. Perhaps they've never seen one with a ninja shuriken around the nipple.

    --
    cheap labor conservatives - they want to keep you hungry enough to be thankful for minimum wage.
  75. Re:Michael Powell and his daddy by multiplexo · · Score: 2, Interesting
    Actually I'm not a liberal at all. I'm quite conservative, in the old fashioned way and libertarian in some others. But I'll take back the porch monkey comment even though I am reminded of one of those little black jocky statues every time I see Colin and Michael and instead say that Colin and Michael Powell are a couple of ass sucking sycophants who would belly crawl naked across the sticky floor of a gay bordello to wrap their lips around George W. Bush's flaccid penis. There, are you happy now?

    --
    cheap labor conservatives - they want to keep you hungry enough to be thankful for minimum wage.
  76. lol by Anonymous Coward · · Score: 0

    lol yuo

  77. Obviously academic? by TapeCutter · · Score: 1

    Powell-"I am not free to be nothing but an academic about the way I think about the world."
    I wish we could all not know people who can't code like that.

    --
    And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
  78. Re:Flip-flop - not at all by Anonymous Coward · · Score: 0

    Explain and demonstrate a preponderance of American court decisions in which individuals are granted complete and total absence of repurcussion from actions deemed offensive when using community-owned resources.

    Ummm...

    KKK rallies on public streets, parks, etc?

    Civil rights rallies in some areas in the 60's...(Streets are community reources you know)

    Liberal demonstrators around the Republican convention...

    The very concept of free speech is to protect even and especially speech that is considered "offensive" to community standards, much as the concept of the world being round was.

    What would be the result of dressing up in 1777 period clothing and carrying your rifle around New York today?
    Hmm, Maybe times and concepts of morality change.

    How anyone in their right mind can equate the word "fuck" with yelling fire in a theater is beyond me.
    Let's see, yelling fire in a theater was demonstratred to cause death, saying fuck is proof of...poor taste? limited vocabulary?

    Typically, the longer the lines of logic required to justify something, the less likely the logic is sound.

    I also like the "Explain and demonstrate a preponderance of American court decisions" which I can only guess is meant to scare off any actual replies. Nice!

    This is nice too, "granted complete and total absence of repurcussion from actions deemed offensive"
    Of course you realize that such a place exists legally in Washington DC! Hell, a senator could even shoot someone!

  79. Re:Flip-flop ("Fire" in theater myth) by AnotherScratchMonkey · · Score: 1
    The last time I checked, theaters aren't run by government. So the first amendment doesn't apply. (On the other hand, the theaters (by way of the MPAA) are trying to take over the government.)

    The limitations stated in the US Constitution are limits on government, not on private citizens. It may make sense to extend those limitations to corporations, though, since a corporation is a legal fiction created by government that grants special rights to its owners.

  80. One question I would have liked answered by Anonymous Coward · · Score: 0

    Tell me Mr. Powell, why does the FCC still require Morse code testing to get an Amateur radio license capable of transmitting below 30MHz?

    The FCC has stated long ago that the only reason the requirement has existed for so long is that is was required by international treaty. That treaty requirement has been eliminated over a year ago and the FCC has done nothing. Well they have "looked" at the issue, taken petitions and comments on those petitions, but no ruling is expected for 2 more years. Numerous other countries have dropped the requirement within days of the ITU eliminating the requirement, but the US continues to be stuck with pre-WWII rules.

    Of course since I'm posting as an AC no one is going to read this. Just in case someone actually reads this and wants to read up on this issue go look at the ARRL and No Code International web sites.

  81. Re:Flip-flop - not at all by brett42 · · Score: 1

    Powell says he supports the First Amendment, and he also willingly enforces laws that go counter to its spirit. I hate the term 'flip-flopping', but that does fit my definition of hypocrisy.

    No one is arguing for freedom from responsibility, only against government sponsored censorship. The goverment is not the only thing that can hold people responsible, and many examples show that it often isn't very good at it.

    One important lesson from high school: focus on your thesis. You start out by saying the parent's point is wrong and calling him an idiot, then start talking about how freedom requires responsibility, which is a completely different point.

  82. Re:Flip-flop - not at all by brett42 · · Score: 1

    The motives behind outing Plame and the degree to which she was undercover may be arguable, but are you saying that there is solid evidence that Saddam had, or was even actively seeking, uranium? Could you back that up? You do know that the original document was a forgery, right?

    Man, this getting off topic.

  83. Re:Flip-flop - not at all by Guppy06 · · Score: 2, Insightful
    "All "freedoms" include responsibility for associated consequences."

    Hence civil lawsuits and slander/libel laws on the books. Note that, while you are held responsible for what you say, you are not actually prevented from saying it.

    "("I can't define pornography but I know it when I see it.")"

    The Supreme Court only says things like that because it has ruled that pornography isn't speech, whcih is why those "decency" laws you mention are allowed to stand. Something nobody talks much about is that what the Court is also saying is "I can't define speech but I know it when I see it."

    "They screaming the words "anthrax" in an American airport as loudly as you can, repeatedly and see how long your "freedom of speech" lasts."

    You will be charged for the effects of the action (inciting a riot, etc.) but not for the action itself (saying the word "anthrax.")

    "Every action has an equal and opposite reaction applies not just to basic physics experiments but also to everything else in life."

    If it was always equal and opposite, there'd be no need for the constitutional prohibition against cruel and unusual punishment.

    "Sometimes that is immediate, sometimes it has less visible repurcussions"

    There is no "more visible/less visible," there is only "can/cannot be proven in court." If the supposedly harmful effects of an action cannot be demonstrated, then what is the justification of ignoring the whole "shall make no law" bit?

    "Explain how your selected excerpt from the Bill of Rights could possibly have included a definition of speech which meant anything other than sound made from human lips absent of any recording of transmission technologies as none existed in the 1770s."

    It doesn't matter
    The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

    The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
    Rights in the United States are, by default, retained by the people. The Ninth Amendment tells us that simply because electromagnetic broadcasts are not specifically mentioned in the First Amendment does not mean that Congress automatically has the power to regulate them as it sees fit. The Tenth Amendment tells us that Congress can only do what it is explicitly allowed to do by the Constitution. Personal rights are implicit and it's the government's rights that need to be explicit.

    "using community-owned resources."

    Explain how exactly the electromagnetic spectrum is a "community-owned resource," especially when you need private property (namely, a receiver) to access it.

    "in late 1770s America"

    Doesn't matter. The United States Constitution is a living document and as such both its content and its application changes with time. Otherwise we wouldn't be having this discussion, since, as Thomas Jefferson himself pointed out as he tried to silence Federalist detractors, the First Amendment by itself does not prevent state governments from "abridging the freedom of speech."
  84. Re:Flip-flop - not at all by will_die · · Score: 1

    miss cleo, actually the companies that had hired her, were fined(which took them off the air) for scamming people. More specificly they were fined for engaging in deceptive advertising, billing, and collection practices.
    By leaving that out you are deliberatly impling that here "psychic" abailities were the reason.

  85. Re:Flip-flop - not at all by FredThompson · · Score: 1

    This is what I typed:

    "No, she was still subject to being accountable for the results of her speech. 'Free speech' doesn't mean she or anyone else can lie as a means to trick people out of their money."

    In the example of Robert Tilton I touched on the aspect of inability to prove his claims that a person sending him money will result in that person having a blessing. That's the same thing she was doing. (BTW, I call that kind of thing "Christian witchcraft." They're basically claiming God can be controlled by conditions imposed upon Him by humans. It's very similar to casting a spell to control a demon in D&D or some other game except people like Tilton take advantage of other people's emotional weaknesses to enrich themselves.)

    I wasn't "deliberately implying" her "psychic abilities" were the basis for the punishment. That thought never entered my mind. I do see how you could have read it that way, though.

  86. Bullshit by Anonymous Coward · · Score: 0

    "Likewise, obscenity (by its lawful definition) is not protected by the First Amendment."

    Bullshit.

    There is no lawful definition of "obscenity". The word "fuck" is not obscene.

    I'll tell you what's obscene...sending thousands of servicemen to die in the desert for a man's ego. That's obscene.

    But that's okay.

    But some broken down middle-aged singer shows her tits and all the sudden we have obsceneity.

    Which just confirms that people, in general, are pretty stupid.

  87. Re:Flip-flop - not at all by Kosi · · Score: 2, Insightful

    When your actions harm others, you will be held accountable.

    That's the point: no harm was and will be ever done by someone through swearing (or being nude, another ridiculous taboo in US television).

  88. Some fact checking by AtariAmarok · · Score: 1

    "He's 'DESTROYED' radio with monopolies like Clear Channel" What definition of monopoly are you using? Clear Channel controls less than 8% of radio stations nationwide. Using this kind of definition, Apple Mac OS has a monopoly on the personal computer desktop.

    --
    Don't blame Durga. I voted for Centauri.
  89. Re:A puppet for the right wing. by AtariAmarok · · Score: 1
    "Since Clear Channel is a corporation without a mandate to do public good"

    It has exactly such a mandate. It must serve the public, or the public will turn their dial elsewhere to the 92% of radio stations which are not Clear Channel.

    --
    Don't blame Durga. I voted for Centauri.
  90. Re:Flip-flop - not at all by g0hare · · Score: 1

    Definition of an Activist Judge: One who gives forth a judgement you don't like.

    --
    Vote Quimby!
  91. Re:Watch what he does, not what he says he is doin by ratamacue · · Score: 1

    In other words, he's a politician.

  92. Re:A puppet for the right wing. by pherris · · Score: 1
    He's just a republican lackey.

    Yes, yes he is.

    I don't know what he's contributed.

    "Contributed"? Hmmm, "contributed" to the betterment of communications and to the benefit of the general public: nothing.

    Affordable broadband ? I don't see it. He's stopped competition in that industry.

    I don't think he's actively stopped it as so much as he hasn't encourged it. IMO, affordable broadband came about from the healthy competition between regionalish telephone and cable companies. He could have done more though. Much more.

    He's 'DESTROYED' radio with monopolies like Clear Channel.

    Oh man, has he ever messsed up the FM band. Between allowing so very few to control the FM air waves and killing off Low Power FM he has set back competition to something like AM in the 1940s when your only real two choices were NBC "Red" and NBC "Blue". Point to you on that one.

    So here's a toast to those that think everything should be allowed by corporate america without regard of the greater public good.

    Well said. While your post is "fiery" it's, IMO, hardly worthy of the "troll" rating.

    --
    "And a voice was screaming: 'Holy Jesus! What are these goddamn animals?'" - HST
  93. Sure, Michael Powell's not for censorship... by uberdood · · Score: 1

    Just like Iraq is the reason that 9/11 happened. Pssst, hey kid, wanna buy a flying pig?

    --
    "Population 1,656"
  94. Re:Reminds me of something Picard onces said on TN by Anonymous Coward · · Score: 0

    "Constant Vigilance!"
    -Alastar Moody

  95. Why is this modded a troll? by EvilBudMan · · Score: 1

    Maybe the comment about being a republican lackey might be a troll but there is some other valid arguments here, espesially the one about radio.

    OTOH dosen't he want to keep VOIP free from taxiation?

  96. Huh? by AtariAmarok · · Score: 1
    "Oh man, has he ever messsed up the FM band. Between allowing so very few to control the FM air waves"

    Huh? Clear Channel only controls 8% of radio stations nationwide. Even in markets where they have a lot of stations, like NYC, they still control about 1/4 of the stations in that market.

    So few are controlling the FM airwaves? I've got about 20 stations across my FM dial. More being added all the time. Some are pairs (one company owns a country & light jazz, another public radio outfit has a classical & a news, and there are one or two rock stations with two frequencies). Clear Channel controls none of them.

    This reminds me of the other phony claims of "media concentration". In the last 25 years, we've seen the national news outlets on TV more than double in number. Only one has been lost/gobbled up.

    --
    Don't blame Durga. I voted for Centauri.
    1. Re:Huh? by pherris · · Score: 1
      Huh? Clear Channel only controls 8% of radio stations nationwide.

      Clear Channel owns stations in 248 of the 250 top markets. They own as many as seven stations in the same market. You quote a number of 8% but that includes all AM and FM stations, commercial and noncommercial in the US, FM station classes A (10 to 100 watts) through C (25k to 100k watt) and all AM stations, both "clear channel" and those that power down at sunset. It's a very safe bet that all CC stations are either FM C class and AM "clear channel" so "8%" is a wildly inaccurate representation of their true penetration upon the radio landscape or their total listener market share.

      CC owns 1,240 AM and FM stations in the US, over 30 TV stations, operates and/or exclusively books 135 live entertainment venues including the Super Bowl halftime shows and controls a very large share of all the outdoor billboards. These radio stations are fully automated and no one at the station is allowed to open a live microphone for any reason, which translates into zero local control over programming.

      They are also active in political censorship (see "List of songs deemed inappropriate by Clear Channel" and were very active in getting the FCC to kill LPFM (low power fm).

      So few are controlling the FM airwaves? I've got about 20 stations across my FM dial. More being added all the time. ... Clear Channel controls none of them.

      The total number of commercial radio stations (according to the FCC's web site) has only grown by 3.87% over the last four years. Hardly "all the time".

      Sept 2004: (AM RADIO = 4770) + (FM RADIO = 6217) = 10987
      Sept. 2000: (AM RADIO = 4685) + (FM RADIO = 5892) = 10577

      As for CC control of stations in your market, what market would that be?

      Radio stations are charged by the FCC with serving the local community in which they operate. CC, IMO, clearly fails at this.

      --
      "And a voice was screaming: 'Holy Jesus! What are these goddamn animals?'" - HST
    2. Re:Huh? by AtariAmarok · · Score: 1
      "so "8%" is a wildly inaccurate representation of their true penetration upon the radio landscape or their total listener market share."

      It is, however, an entirely accurate representation of how many radio stations they control. The big controversy with them is over ownership, right? Market share is a different situation. So much of this results in how well they serve the public. If they do it well, it makes market share go up. However, I really don't think that "being too popular even while others are out there" should be taken into account when determining whether the FCC should censor them.

      "They own as many as seven stations in the same market"

      I've looked into these markets. Where they own 7 stations, there might be 40 total stations. CC ends up being a small parf of the market's "Picture".

      "CC owns 1,240 AM and FM stations in the US, over 30 TV stations"

      Looks shocking until you realize that this is a small percent of radio stations out there. I do not know the totals on the TV stations, but I suspect that CC controls a similar tiny percentage. Did you know that CC could triple the number of radio stations they own, and still control only about 20% ?

      "They are also active in political censorship (see "List of songs deemed inappropriate by Clear Channel"

      That is a perverse, use of the term "censorship". Someone exerts control over their own medium, and it is censorship? Of course not. That is freedom of speech. The same way the the NYT is not "censoring" if it chooses not to print so many tinfoil helmet letters to their editorial page. The only "censorship" involved here were the extremist groups trying to get the government (FCC) to deny CC licenses due to its perceived political content.

      "Radio stations are charged by the FCC with serving the local community in which they operate. CC, IMO, clearly fails at this."

      You stated something to the effect that CC controls a much larger market share than its tiny 6-8% station ownership rate would imply. This indicates that they are doing very well at serving the community. If they did not serve the community, the community would listen to other stations. Listenership is the most accurate determining factor of how well a station serves the community.

      --
      Don't blame Durga. I voted for Centauri.
  97. Definitions by AtariAmarok · · Score: 4, Insightful
    "Definition of an Activist Judge: One who gives forth a judgement you don't like."

    You got it: Definition of propaganda: opinion you don't like.

    Definition of biased news: news where people don't have your exact opinions, or where they report stories you don't wnat reported.

    Definition of rhetoric: speech you don't like.

    --
    Don't blame Durga. I voted for Centauri.
    1. Re:Definitions by nharmon · · Score: 1

      If I had mod points, I'd give them all to you.

  98. Re:Flip-flop - not at all by Anonymous Coward · · Score: 0

    It does appear there was more to the story than the forged docs, which are an interesting issue in themselves.

    Second, the reason Wilson was sent on the trip was that his wife landed him the job. The most likely reason for someone mentioning her CIA status is thus that, well, they were trying to explain how the hell Wilson ended up in Africa in the first place. (Wilson of course lied about this repeatedly until the e-mails turned up. Then his website quitely got shut down and redirected to the kerry campaign. Strange...)

  99. Re:Flip-flop - not at all by Anonymous Coward · · Score: 0

    There are restrictions in place on those forms of speech - exactly because they take place on public land, and thus incovinience lots of other people when they take place. Hence, a permit is usually required for mass assembly on public property.

  100. Re:Reminds me of something Picard onces said on TN by buddhaseviltwin · · Score: 1

    After reading that, I think there should be a +5 super-geeky so you can spend all your mod points on that one geeky gem.

  101. Same back at you. by AtariAmarok · · Score: 1

    If I had a billion bucks, 60 Gmail invites, and Tara Banks' private cell phone #, I'd give them to you too! It's the thought that counts.

    --
    Don't blame Durga. I voted for Centauri.
  102. Yes, we'll cover for your poor parenting skills... by FatSean · · Score: 0

    Instead of requiring YOU to actively prevent your children from seeing/hearing things YOU find offensive, society as a whole will bend over and accept your simpleton standards. That sounds fair.

    --
    Blar.
  103. Re:What a bunch of nonsense, support ... by shawnseat · · Score: 1

    Joe Lieberman is about as liberal as Rush Limbaugh.

    --
    Religion is the opiate of the masses. The wealthy smoke the real stuff.
  104. Except.... by Anonymous Coward · · Score: 0

    Except when it comes to the economy, abortion, affirmative action, nominations, domestic policy... Well, aside from these tiny little issues, he's just like Rush, right?

    1. Re:Except.... by Anonymous Coward · · Score: 0

      Is that you, Mr. Pidgeonhole? Rush was also the guy arguing that all drug addicts should be thrown in jail.

  105. Re:What a bunch of nonsense, support ... by Catbeller · · Score: 1

    There's nothing "liberal" about Liberman. Being a Democrat doesn't make you automatically "liberal". He's to the right of Richard Nixon. Gore and his wife aren't exactly from Berkeley, either. Clinton was pretty middle-of-the-road: he supported the V-chip and the cursed copyright law changes. Liberal points of view about freedom of speech can exist in either party, and ditto the itch to control what people are saying about their naughty bits. And frankly, if you want to be elected to public office nationally, you can't buck the Bible Belt too hard. You won't get elected dogcatcher early in your career, let alone a congressman or a President. Democracy has its bad points. People who have lots of kids tend to be conservative, and they constitute a majority large enough to swing the country their way.

  106. Re:What a bunch of nonsense, support ... by Anonymous Coward · · Score: 0
    "There's nothing "liberal" about Liberman"

    Measured from the far left, he's conservative. Measured from the middle, however, he's quite liberal.

    "Clinton was pretty middle-of-the-road"

    Clinton was also strongly left wing, as shown by his attempt to have government take over and wreck health care.

    "Liberal points of view about freedom of speech can exist in either party"

    Generally, no. Liberal views tend to flourish in the Democrats, only.

    "Democracy has its bad points. People who have lots of kids tend to be conservative, and they constitute a majority large enough to swing the country their way"

    Translation: you think that conservatives are bad, and if they are represented in democracy, that is bad.

  107. Re:Flip-flop - not at all by Steve+B · · Score: 1
    Do some research and you'll find that Jow Wilson's wife wasn't an undercover CIA agent

    Your homework assingment: Provide a citation for the section of the law against revealing the identities of CIA agents which supports this exemption.

    --
    /. If the government wants us to respect the law, it should set a better example.
  108. Re:Flip-flop - not at all by Steve+B · · Score: 1
    The quoted excerpt from the Bill of Rights can only be interpreted to have meant verbal language created from human lips and printing presses. There was no form of recording of sound and no method of amplified transmission.

    Your homework assignment: Use this line of reasoning to convince the governing board of the National Rifle Association that the Second Amendment applies only to muzzle-loading black-powder firearms.

    --
    /. If the government wants us to respect the law, it should set a better example.
  109. VCR took 35-40 years for 85 percent penetration? by Warlock7 · · Score: 1
    The VCR was invented in 1971.

    The VTR was invented in 1951.

    Powell said in the article:
    "So when did the VCR reach 85 percent penetration? It took almost 35-40 years before it did so."

    Is it 2006-2011 already? Or did he just mis-speak? Shouldn't the head of the FCC know the difference between a VTR and a VCR?
  110. Some stats: by AtariAmarok · · Score: 1
    How about some numbers? Cleveland. First one I checked. total CC stations? 6. Total stations with web pages? 20. That's a 30% CC ownership rate in this one large market. The percent is likely a lot lower, as there are probably Cleveland stations without web sites that did not make the list of 20.

    Omaha? 4 stations owned by CC. I found about 30 total radio stations in a directory. Assuming the list is complete, that's leaves CC with control of only 13%.

    New York City? 5 CC stations out of about 71 total. ----------- These are the first and only three cities I checked. CC is a small player in each of them.

    --
    Don't blame Durga. I voted for Centauri.
  111. Re:Flip-flop ("Fire!" in a movie theatre) by flabbergast · · Score: 1

    I totally agree with you that we as a society live the high life where obesity is our #1 killer :O As for your ad hominem attack on who you *suspect* I think I am, well your wrong.

  112. Re:Flip-flop ("Fire!" in a movie theatre) by ZB+Mowrey · · Score: 1

    Sorry, wasn't meant as an ad hominem... the 'you' in this case was meant to be rhetorical, aimed at any and all readers. Just figured I'd clarify. :)

    --

    Self-referential sigs are rarely entertaining.

  113. Re:What a bunch of nonsense, support ... by Xabraxas · · Score: 1
    Measured from the far left, he's conservative. Measured from the middle, however, he's quite liberal.

    I can tell you are extremely to the right if you think that way. Almost the entire democratic party holding national office are not even left wing. Real left-wingers are few and far between in Washington. They tend to thrive in smaller communities. Washington democrats are pretty middle of the road and are attempting to push the party further to the right.

    Lieberman is one of the more conservative democrats in Washington. He is not even close to reflecting the term "liberal". It seems that all the crazy right wingers out there want to associate any Democrat with the word "liberal" in order for them to make it easier to trash them, as they've demonized the word.

    Clinton was also strongly left wing, as shown by his attempt to have government take over and wreck health care.

    Yeah sure, he was so liberal that not only did he NOT reform healthcare, but he supported NAFTA which is about the furthest thing from liberal there is. Anyone who considers themself a liberal would not consider Clinton OR Lieberman as liberal. Gore, on the other hand was closer to being a real liberal (superfund, etc), too bad he hid it so much in 2000.

    Generally, no. Liberal views tend to flourish in the Democrats, only.

    You're not arguing the point that he made, which is that either party can have liberal views on freedom of speech. I would say that libertarians are both conservative AND care about free speech.

    Translation: you think that conservatives are bad, and if they are represented in democracy, that is bad.

    Here's my translantion of your post. Everyone to the left of Trent Lott is a far-left nutbag bent on destroying America by giving everyone healthcare.

    --
    Time makes more converts than reason
  114. Re:Michael Powell and his daddy by mordors9 · · Score: 1

    Me objecting to racist remarks is modded down and labled flamebait. Making further racist remarks gets modded up as interesting.

  115. Is slashdot replete with leftists? by godivx · · Score: 1
    or libertarians? or America-haters? or what exactly?

    Please don't answer this question with scorn or emotionalism. It's an honest question. I'm genuinely curious how most slashdotters characterize their politics.

  116. wont somebody please think of the children! by Scudsucker · · Score: 1

    Can you make a thumbs up? Try doing it right now. Do it. Do it. No, seriously, do it. Okay, now lower your thumb down to your index finger. Now, imagine a remote in your hands, and making the same motion. Its that easy.

    The first time your kids have to spend signifigant time away from you is when they start going to school. Before that, you have a great deal of control. If we filtered all media to make everyone happy all of the time, all we'd have is Watching Organic Paint Dry on PBS, so stop expecting others to do your parenting for you, and take some responsiblity. The V-chip has been avaliable for what, 10 years now? And any digital cable box also comes with parental controls. Its really not that hard.

    When your kids start going to school, there are even odds they'll be exposed to words worse than "ass" in a matter of hours. The world is not going to wait on your children until you think they are ready, so you better make your children ready for the world.

    And many of us think a few words, including "ass", should be kept of the public's airwaves.

    And I think that Fox should be taken off the air for journalistic malpractice (if there isn't such a thing, there should be). But the point of free speech isn't to protect popular speech, its to protect unpopular speech.

    There have been cultural luddites for thousands of years, wringing their hands over foul language and how the younger generation shows no respect for their elders. And for thousands of years they've been wrong, every step of the way.

  117. Re:What a bunch of nonsense, support ... by Scudsucker · · Score: 1

    I figure it pleases both the Religious right and liberals (or did you all forget Sen. Liberman vs. video games and Tipper Gore with the PMRC)

    Bzzt! Those are the only prominent luddites in the Democratic party, versus many in the GOP. Yes, the Democrats have Libberman (who, as another poster pointed out, is NOT liberal), and Tipper Gore. Actually not so much Tipper anymore, because even if she still wants to censor cds, she has no platform to speak from.

    So we have the conservative Liberman for the Democrats, and on the right we have....Ashcroft, Powell, Santorum, Bennett and Falwell, off the top of my head. And yes, you can find Democrats from Bill Clinton to Jesse Jackson making moralistic comments, but making a couple of pandering comments does not a luddite make. Jerry Falwell and William Bennet spend more time moralizing on their days off than Jackson does in ten years.

    No, the GOP has firm control over being the party of luddites; they don't have any other choice if they want to continue pandering to Southern Babtists and members of the Moral Majority.

  118. Re:Yes, we'll cover for your poor parenting skills by MmmDee · · Score: 1
    Thanks for "covering my poor parenting skills"... when/if you decide to become a parent someday, we'll see how you do "all by yourself". It really does take a community to raise a child, meaning children are not raised in isolation and need role models to determine what is and isn't proper social behavior. Free speech is okay, and it can usually be conducted in an educated, vulgar-free, fashion. There is no protection of vulgar or threatening speech.

    It sounds like you'd be okay if I sat down in front of your parents or significant other and just started spewing forth a bunch of obscenities without regard to what they think or feel about listening. And if I followed them around wherever they went so that they couldn't escape, that would be okay too, right? All in the name of free speech. And it would be okay if I parked outside your bedroom door and blasted a stereo at nerve-deadening volumes, because hey, it's free speech? And if I wanted to advocate/solicit for your early demise, that would be alright as well, correct?

    I suspect you wouldn't entertain your teachers/colleagues/parents/bosses with your vast repertoire of 4-letter words.

    --
    No man's an island, unless he's had too much to drink and wets the bed.