Several principles are involved in the issue
of freedom of speech and few would argue that the right to speech is a
fundamental ideal that our nation is formed upon. Speech is also access
to a public forum. Activity is speech, for example a march, an announcement,
a radio broadcast, a Web page, even an act deemed illegal by a government
entity is a method of speech.
Some person's words are often received as irresponsible, reckless, and
wanton. And in America we are supposed to be able to find that channel,
that radio station, or that newspaper that may be broadcasting with that
type of material, if we chose to do so. Thats why tuning knobs and newsstands
were invented, to choose for yourself.
Five months ago I learned of an interesting court battle going on between
our 9th circuit court and the Federal Communications Commission, involving
the right of broadcast of a low power FM bi-lingual radio station in Berkely.
The court has refused to issue allow a request for an injunction against
Stephen Dunnifer, the owner and principle transmitter for Free Radio Berkeley.
The injunction is an order to cease and desist broadcasting, and make restitution
for over $10,000 in proclaimed fines.
ìIf that amendment (the first amendment) can be
curtailed because of irresponsible actions that offend many but hurt no
one, what other erosion of our fundamental freedoms will be next?î
Marrianne Means, Hearst Newspapers, 5-28-98.
radio is not free . . . |