The Radio Station At Kansas City, Missouri, And The First Amendment Right Station

1385 Words May 7th, 2016 6 Pages
Summary of Facts KHAT, a radio station in Kansas City, Missouri, is accused under this rule. According to FCC administrators, the host of a KHAT afternoon show, on at least seven separate occasions between October and December of 2017, made extremely derogatory remarks about gay people, including statements calling for all gay people to be exiled from the United States and encouraging listeners to actively discriminate against them in housing and employment and to physically attack gay people where possible.
Well the defendant protected by the first amendment when he incites others to commit violence.
Does the FCC violate the First Amendment right Station.
Applicable Law
In the case of Griev. Adm 'r v. Fieger, 476 Mich. 231the court reversed the opinion and order of the ADB and remanded. Sable Communications of California, Inc v FCC, 492 U.S. 115, 126; 109 S. Ct. 2829; 106 L. Ed. 2d 93 (1989). Rules inhibiting unhampered comment, thus shackling the right to freely express opinion, must be justified, "if they can be justified at all, in terms of some serious substantive evil which they are designed to avert."Moreover, Chaplinsky and Cantwell, on which Chaplinsky was based, must be considered in light of the decision 36 years later in FCC v Pacifica, 438 U.S. 726; 98 S. Ct. 3026; 57 L. Ed. 2d 1073 (1978). In Pacifica, the Court addressed whether the FCC could sanction a broadcaster for speech that was not obscene but was offensive. The Court cited Chaplinsky, but…

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