Rush's fans have rights, too

[Reality4u]

FERRARA: Rush's fans have rights, too
Scalia cites danger of limiting what can be heard and when
By Peter Ferrara

COMMENTARY:

While President Obama's Federal Communications Commission (FCC) prepares to attack conservative talk radio with some version of the Fairness Doctrine, Supreme Court Justice Antonin Scalia in open court last week may have thrown a bombshell into those plans.

During oral argument in the case of Citizens United v. Federal Elections Commission, Justice Scalia said, "Do you think that there's a possibility that the First Amendment interest is greater when what the government is trying to stifle is not just a speaker who wants to say something but also a hearer who wants to hear what the speaker has to say?"

In other words, Justice Scalia raised the possibility that Rush Limbaugh's 20 million fans, as well as the listeners to 2,000 other radio talk shows, have constitutional rights, too. In particular, they have a right to choose what they want to listen to, or to watch, without government interference.

In fact, the courts have long recognized such a constitutional right to listen, as well as the free speech right of a speaker to speak. In Rossignol v. Voorhaar, the U.S. 4th Circuit Court of Appeals held in 2003 that the First Amendment protects both a speaker's right to communicate information and ideas to a broad audience and the intended recipients' right to receive that information and those ideas.

Similarly, in U.S. West Inc. v. FCC, the U.S. 10th Circuit Court of Appeals held in 1999 that the two components of effective speech are a speaker and an audience, and a restriction on either of these components is a restriction on speech. In De La O v. Housing Authority of City of El Paso, the 5th Circuit added in 2005 that the right to receive information is as equally protected under the First Amendment as is the right to convey it.

Several such rulings can be found in every federal circuit court. The U.S. Supreme Court has also recognized this right to listen and to watch. In U.S. v. Playboy Entertainment Group Inc., a pornography case, the court ruled that under the First Amendment's free speech clause, the citizen is entitled to seek out or reject certain ideas or influences without government interference or control. Is there now more constitutional protection for pornography than political speech?

Justice Scalia's question raises the possibility that this constitutional right to listen or to watch will be relevant to the regulation the FCC is now preparing for talk radio. There has been much discussion that the FCC might adopt so-called localism rules that would force stations to drop nationally syndicated talk shows. But if those national talk shows have high local ratings, then such regulation might be found to violate this constitutional right to listen by the local audience.

That would be especially true if courts found that the localism regulations were adopted for the purpose of banishing conservative talk critics of the Obama administration, which would amount to unconstitutional viewpoint discrimination.

Citizens United is a nonprofit, 501(c)(4) corporation founded by citizens who want to communicate and advance their ideological viewpoints to the general public, a fully constitutionally protected activity. In 2007, Citizens United financed from its own corporate treasury the production of a feature-length (90 minutes) documentary film about Hillary Rodham Clinton. The movie focused on past Hillary Clinton scandals, such as the firing and subsequent criminal prosecution of the White House Travel Office staff, repeated campaign finance law violations and the presidential pardon of Puerto Rican terrorists convicted of murder while Mrs. Clinton was seeking Puerto Rican activists' endorsement for her New York Senate campaign.

The Federal Elections Commission prohibited broadcast of the movie in 2008, when Mrs. Clinton was running for president, because its financing did not comply with McCain-Feingold restrictions. I filed a brief with the Supreme Court on behalf of the conservative American Civil Rights Union supporting Citizens United, arguing in particular that the broadcast prohibition violated the constitutional right to watch and listen to the movie by citizens who wanted to do both. (More about the constitutional right to listen can be found at the Web site www.freedomtolisten.org.)

If the final opinion in the Citizen's United case further recognizes this right, that will be an important precedent for protecting the freedom of conservative talk radio to continue to broadcast.

Peter Ferrara is general counsel of the American Civil Rights Union and director of Entitlement and Budget Policy for the Institute for Policy Innovation.

http://www.washingtontimes.com/news/2009/apr/05/rushs-fans-have-rights-too/

We all know that these proposed regualtions have nothing at all to do with localism. This is nothing more than a cheap attempt by democrats to silence critics of the Obama administration and the overall liberal agenda.

I'm curious to hear what those of you on the left have to say about this obvious attack on freedom of speech.

[Bill Cosby]

Well I would think I am leaning to the left & I agree that there should be no shutting ppl up...........

I am not a fan of the "entertainer" & have not listen to him since he left SactO but I totally agree he, nor anyone should not be silenced in this manner...

Sorry to disapoint you.............. :)

Noam Chomsky: Goebbels was in favor of free speech for views he liked. So was Stalin. If you're really in favor of free speech, then you're in favor of freedom of speech for precisely for views you despise. Otherwise, you're not in favor of free speech.

[Kanadesaga]

too bad that fuck Scalia didn't think that the right of people of florida to have a deciding vote was constitutional. but then hunting buddy dick the prick may have shot him in the face then next time they were huddled together in a duck blind.

[Reality4u]

too bad that fuck Scalia didn't think that the right of people of florida to have a deciding vote was constitutional. but then hunting buddy dick the prick may have shot him in the face then next time they were huddled together in a duck blind.

Now that's a reasoned, mature response. :lmao2:

[mwillman]

I agree that they have the right to listen to what they want but What about treason, How many threats of violence and revolution are they supposed to ignore.

[Smurf-Herder]

I agree that they have the right to listen to what they want but What about treason, How many threats of violence and revolution are they supposed to ignore.

What threats of violence and revolution? :disbelief:

[mwillman]

There out there, If I have time I will bring some up for you but I have more important things to do right now.

[Dale escondido]

If subjective reality was a crime , a few of the left leaning thinkers would have hung bush and cheney. Repeatedly.

I want a PEACEFUL secession.
Enjoy your new world.
I hope its all you wanted and more.:thumbsup:

[Kanadesaga]

Now that's a reasoned, mature response. :lmao2:

As reasoned and mature as any scalia has made.

[Kanadesaga]

What threats of violence and revolution? :disbelief:

the guy in Pittsburgh who killed three cops by ambush because "Obama's gonna take my gun"

figure that tortured logic. and in the state where he Obama said they cling to their guns, imagine that!

[Dale escondido]

the guy in Pittsburgh who killed three cops by ambush because "Obama's gonna take my gun"

figure that tortured logic. and in the state where he Obama said they cling to their guns, imagine that!

Using that as an example of what?
Talk about a long way round the block.

[Smurf-Herder]

There out there, If I have time I will bring some up for you but I have more important things to do right now.


:lmao2: Okay, sure-sure ............

[disrupter]

I think there is a responsibility to include some local broadcasting sources,

these are after all the public's airwaves & not just the broadcasters.

that isn't to say there should be a complete ban of national syndication if people want to hear that as well.

A lot of national syndication of programming is done because it is cheaper to mass produce,
But stations also are required to 'Serve the Public Good'.
Supporting local sources is/would-be a REALLY healthy thing for our democracy.

Just say no to identical corporate industrial speech & thought.
Your soul will thank you.

Rush's listeners may have rights in America, but that doesn't even imply they have an ounce of brains.

[Reality4u]

I agree that they have the right to listen to what they want but What about treason, How many threats of violence and revolution are they supposed to ignore.

Again, I have to ask you to post some examples of the "treason", and "threats of violence" that Rush or any other right wing talk show host have advocated for.

[Reality4u]

I agree that they have the right to listen to what they want but What about treason, How many threats of violence and revolution are they supposed to ignore.

I'm still waiting for those examples?

[Bill Cosby]

Rush's listeners may have rights in America, but that doesn't even imply they have an ounce of brains.

:lmao2: :lmao2: :thumbsup:

http://milwaukee.indymedia.org/images/2005/04/203191.jpg

[The Professor]

if rush were ever yanked off radio he'd be on tv by that very first nite

and he'd be bigger than obama's ears

ie, everyone in the world would tune to the RUSH CHANNEL to see the fuzzball's reaction

which of course rush would play up to the max

so that the second day his tv audience would be bigger

the fairness doctrine types don't even dream of touching big tv

as for rush's calls for violence (LOLOL!), who needs to go to the transcripts

we're all a bunch of tape-recorders-on-play, remember?

me and hog and chief and smurf and the lovely lady 7, etc

all of us obama critics

just look at all our daily calls for bloodshed

everyone knows we get all our thoughts and words direct from EIB

and LL7 is always threatening to OFF that willman dude

i personally saw hog take a swipe with his rake at that limit fella, the guy who always accuses me of plagiarizing my responses (???) to him (???)

i personally got it in for that disruptor dude

i'm gonna cut and paste a picture of a cannon and blow his syntactical brains all over the blood stained walls of dcj

cuz rush made me do it

LOLOL!

[Hog Trash]

FERRARA: Rush's fans have rights, too
Scalia cites danger of limiting what can be heard and when
By Peter Ferrara

COMMENTARY:

While President Obama's Federal Communications Commission (FCC) prepares to attack conservative talk radio with some version of the Fairness Doctrine, Supreme Court Justice Antonin Scalia in open court last week may have thrown a bombshell into those plans.
Supreme Court Justice Antonin Scalia is a great man and the fairest Justice to ever sit on the Supreme Court bench.

His only interest is to define the original intent of the Constitution with no consideration for political policies from either isle.

The United States Constitution is not a living breathing document that must adapt to the times or situation.

It's original meaning is chiseled in stone and is non-negotionable and Justice Scalia rules by this reality.

He is aware that to tweek the meaning or intent of this sacred document would eventually destroy what is America.

[GetAClue]

I think there is a responsibility to include some local broadcasting sources,

these are after all the public's airwaves & not just the broadcasters.

that isn't to say there should be a complete ban of national syndication if people want to hear that as well.

A lot of national syndication of programming is done because it is cheaper to mass produce,
But stations also are required to 'Serve the Public Good'.
Supporting local sources is/would-be a REALLY healthy thing for our democracy.

Just say no to identical corporate industrial speech & thought.
Your soul will thank you.

Rush's listeners may have rights in America, but that doesn't even imply they have an ounce of brains.

The problem is that Radio Stations are in buisness to make money. If Rush helps them pay the bills, Rush will be on. It is the law of supply and demand. Before Rush came onto the scene, the AM band of radio was just about dead. They WERE broadcasting local productions but NO ONE WAS LISTENING!

It just so happens that people WANT to hear Rush, Beck, Hannity, et. all. You need to ask yourself, why there are no liberal nationally syndicated radio programs? It's not because the Radio stations necessarily WANT to put conservative talk show hosts on, but they pay the bills.

A station in my area took Rush and Beck off the air a couple of years ago citing that the stations audiance was mostly liberal and they wanted to appeal to that audience. A couple of months ago I tuned into that station by chance and guess what? Beck and Rush were back on. They pay the bills and NO ONE was listening when they were not there.

Welcome to reality.

[Bill Cosby]

if rush were ever yanked off radio he'd be on tv by that very first nite

and he'd be bigger than obama's ears



LOLOL!

Well son I guess you aint old enough to recall that the entertainer tried that & got bitch slapped down.....

[Bill Cosby]

The United States Constitution is not a living breathing document that must adapt to the times or situation.
.

Who needs them stupid amendments anywayZ......:rolleyes:

[Kanadesaga]

Who needs them stupid amendments anywayZ......:rolleyes:

Well hog hates the 13th amendment a lot, he's not real keen on the first either, unless it's his speech.

and probaly the 24th and 26th as well, damn kids!

[Bill Cosby]

Well hog hates the 13th amendment a lot, he's not real keen on the first either, unless it's his speech.

and probaly the 24th and 26th as well, damn kids!:lmao2: :lmao2: :lmao2:

I guess thats why he wanted it in stone instead of paper........

[The Professor]

just look at em gossip like girls

no self respect

meanwhile, obama is just the worst of w-nomics cubed (raised to third power)

bogus bailouts for anyone with an address, deficits 10 times what came before, no accounting (like bush in new orleans), radical redistribution

while deficits EXCEED the terminal level of 10% of gdp

obama plays ostrich when it comes to iraq, when it comes to islamo terror, he just wishes it would all go away, he would dismiss it, close his eyes, bury his head

like a kid

very foolish

when it comes to the drug war in mexico...

again, Ostrich

he doesn't know what he's doing, he's a mainstream french socialist, he's gonna get us all killed, his personal popularity will be spent by summer

a total amateur, it turns out

while the dcjunkie girls gossip about the fellas they disagree with

LOLOLOL!!!

[Bill Cosby]

just look at em gossip like girls

no self respect


while the dcjunkie girls gossip about the fellas they disagree with

LOLOLOL!!!

Sounds like someone has some serious women issues that need attending.......

Perhaps the little cupcake has been found.......... :lmao2: :lmao2: :lmao2:

[Kanadesaga]

Sounds like someone has some serious women issues that need attending.......

Perhaps the little cupcake has been found.......... :lmao2: :lmao2: :lmao2:

yes, the cliff notes version of "needs a tampon".

[The Professor]

Sounds like someone has some serious women issues that need attending.......

Perhaps the little cupcake has been found.......... :lmao2: :lmao2: :lmao2:

this, from the political mastermind

who goes whistling past bankruptcies left and right

the failure of mega business, planet sized corporations, entire foreign govts

tens of millions desperate for work

entire families thrown out of their homes

all lines of credit sucked dry, impeding manufactures, sales, consumption, small business...

the pensions of every american threatened or outright ruined

deficits in the range of ten trillions, in EXCESS of 10% of gdp

while the not funny comedian goes skipping by, singing---all's fine in my world, everything's just peachy here

sure, just try to garner any grownup's support with that line of p-o-l-i-t-i-c-s

while obsessing on gossip and personalities

obama's a socialist fool who doesn't know what he's doing, he's gonna get us all killed

gossip about that

[Hog Trash]

Originally Posted by Hog Trash

The United States Constitution is not a living breathing document that must adapt to the times or situation.
.I see there are some questions by some regarding this statement, which as far as I know was first stated by Justice Scalia, the greatest Supreme Court Judge ever appointed to the bench.

I believe Scalia's motivation for saying this was at a time when the Second Ammendment was under attack and an argument was that it had outlived it's necessity in the modern world.

I'm sure there's much more to the story here than I am willing to research, mainly because researce for the sake of liberals bores me.

First thing everybody must understand is the government does not grant the people any of these rights.

All people are endowed with these rights by the creator at birth and are considered inalienable...Can not be denied by government.

All the Bill of Rights does is acknowledge these rights and swears an oath to protect, uphold and defend them.

Any right that is added to it is simply a confirmation or acknowledgement of more, not less....A gain not a loss.

You can put money in my bank but you can never ever take any out!.

Martial Law is a government loop-hole, which should scare the hell out of people.

It can be used to suspend your constitutional rights....Beware the President who enacts Martial Law....He is the enemy!

[Life_Long_Dem!]

rush's fans are called "dittoheads" and they call us lemmings....need I say more?

[Dale escondido]

I see there are some questions by some regarding this statement, which as far as I know was first stated by Justice Scalia, the greatest Supreme Court Judge ever appointed to the bench.

I believe Scalia's motivation for saying this was at a time when the Second Ammendment was under attack and an argument was that it had outlived it's necessity in the modern world.

I'm sure there's much more to the story here than I am willing to research, mainly because researce for the sake of liberals bores me.

First thing everybody must understand is the government does not grant the people any of these rights.

All people are endowed with these rights by the creator at birth and are considered inalienable...Can not be denied by government.

All the Bill of Rights does is acknowledge these rights and swears an oath to protect, uphold and defend them.

Any right that is added to it is simply a confirmation or acknowledgement of more, not less....A gain not a loss.

You can put money in my bank but you can never ever take any out!.

Martial Law is a government loop-hole, which should scare the hell out of people.

It can be used to suspend your constitutional rights....Beware the President who enacts Martial Law....He is the enemy!

Right on as always:thumbsup:
I have never gotten traction with bringing this up but I believe the altering of the constitutiion or fitting it to current times is always been about making it appear offensive and out of date.
It simply there to guarantee our government doesnt turn into anything but a friend of the people.

[Smurf-Herder]

rush's fans are called "dittoheads" and they call us lemmings....need I say more?

Ditto heads mean they agree - lemmings are so dumb they follow their leader off a cliff.

That's the difference.

[mwillman]

Actually ditto head means you have all been programed with the same lies.

by saying you agree you are giving yourself the compliment of intelligence but that's exactly what most of you lack.

[Kanadesaga]

Ditto heads mean they agree - lemmings are so dumb they follow their leader off a cliff.

That's the difference.


Ditto heads means they can't think foer themselves, it means they are simply reciting the great fat ass drug abuser's rants and ravings.

I've never heard liberals called "lemmings".

Link?

[Bill Cosby]

this, from the political mastermind

who goes whistling past bankruptcies left and right



Get it right son.. It is whistling past the graveyard... I should not have to keep going over this w/ you........ Your the jen-Us..........

[The Professor]

Get it right son.. It is whistling past the graveyard... I should not have to keep going over this w/ you........ Your the jen-Us..........

"you're," not "your"

4th grade

[The Professor]

Actually ditto head means you have all been programed with the same lies.

by saying you agree you are giving yourself the compliment of intelligence but that's exactly what most of you lack.

this, from the guy who's made twenty sub-sixth grade spelling mistakes in 2 days

in posts, all of em, 2 sentences or less

LOLOLOL!

[Kanadesaga]

"you're," not "your"

4th grade

You're the last person who should be talking of punctuation and spelling, there cliffy.

[Bill Cosby]

"you're," not "your"

4th grade

Do you expect anyone to take you serious????

YOu bitch about that...LOL…. HAHAHAHheeeee…..lol

& you don't even know were the fucking cap key is............

Go stick your nose in someone else’s ass for the rest of the week son.... You need help...

[The Professor]

"where"

not "were"

4th grade

[Kanadesaga]

"where"

not "were"

4th grade


It's; "Where", not "were". 4th Grade.


Although, that last statement is really a sentence fragment, not a sentence. However, considering that your English is so atrocious, maybe we should stick to the simple things first; nouns, verbs, the alphabet. :lmao2: Then we can move on to sentence structure and paragraphs.

[Bill Cosby]

It's; "Where", not "were". 4th Grade.


Although, that last statement is really a sentence fragment, not a sentence. However, considering that your English is so atrocious, maybe we should stick to the simple things first; nouns, verbs, the alphabet. Then we can move on to sentence structure and paragraphs.

LOL............ TypO policing the TypO police…….. Gotta love it…….:lmao2: :lmao2: :lmao2:

:) Rub his lil nose in it & don't spare that rolled up newspaper......

Is this guy someone’s sick clone??? He can’t really be serious… He talks about being in Nor cal, I guess teaching Unglish or rammer on a moutain top……. (head scratchy smiley here)

[The Professor]

probably too busy, i mean, two busy

re-eventing himself

gonna be commander AND chief

like they'res no tomorrow

i mean, like their's no tomorrow

someone seriously has revealed just this evening TWENTY TIMES his COMPLETE LACK OF BASIC 6th GRADE LEVEL EDUCATION

sad

cliff

[Kanadesaga]

probably too busy, i mean, two busy

re-eventing himself

gonna be commander AND chief

like they'res no tomorrow

i mean, like their's no tomorrow

someone seriously has revealed just this evening TWENTY TIMES his COMPLETE LACK OF BASIC 6th GRADE LEVEL EDUCATION

sad

cliff


ah, that would be "like there is no tomorrow" you can shorten that to "there's".

and "i [sic] mean, like there's no tomorrow".


For being such a spelling http://i253.photobucket.com/albums/hh46/kanadesaga/naziskie.gif, you certainly don't practice what you preach. Again typical for the tighty righty crowd.

[The Professor]

tomorrow only has one m

2 r's, one m

4th grade

dang, all you had to do was copy my usage

but it's not as bad as re-event, i just can't go over that one

you guys literally can't put ONE COMPLETE POST together

and they're all less than 3 sentences

and always ALL ABOUT cliffy!

cliffy! cliffy! cliffy!

the supremely educated PROF

who NEVER makes a MISTAKE

you don't find that funny?

LOLOLOL!!!

[Kanadesaga]

tomorrow only has one m

2 r's, one m

4th grade

dang, all you had to do was copy my usage

but it's not as bad as re-event, i just can't go over that one

you guys literally can't put ONE COMPLETE POST together

and they're all less than 3 sentences

and always ALL ABOUT cliffy!

cliffy! cliffy! cliffy!

the supremely educated PROF

who NEVER makes a MISTAKE

you don't find that funny?

LOLOLOL!!!


sheep fucker

[The Professor]

professor spellcheck makes mr couth mad

brings out the LATENT porn pusher

LOLOLOL!!!

what's ADMIN gonna say?!

complete lack of self control

complete lack of pride and self respect

tomorrow has one m, 2 r's

megAlomania

delusIonal

no PRIDE

LOLOLOL!!!

cliffy meanwhile stays cool, calm, collected

and COMEDIC!

LOLOL!

[Kanadesaga]

professor dicksmoker makes mr couth mad

brings out the LATENT porn pusher

LOLOLOL!!!

what's ADMIN gonna say?!

complete lack of self control

complete lack of pride and self respect

tomorrow has one m, 2 r's

megAlomania

delusIonal

no PRIDE

LOLOLOL!!!

cliffy meanwhile stays cool, calm, collected

and COMEDIC!

LOLOL!


suck my balls

[The Professor]

low

and digging deeper

LOLOLOL!!!

[Kanadesaga]

low

and digging deeper

LOLOLOL!!!


As deep as you want to go fuckwad.

[The Professor]

cliffy never goes low

cliffy always stays up

cliffy is emotionally BUILT

he's a ROCK

cliffy is untouched by pornographic insults

cliffy always wins

cliffy just watches slow self destruction

LOLOLOLOL!!!

tomorrow has one m, two r's

megalomaniac has 3 a's, not 2

porn pushers are perverts

LOLOLOL!!!

[Kanadesaga]

Ah the first sign, speaking of oneself in the third person. How do you do it Etard?

[The Professor]

for the 5th time, why would you care?

LOLOL!

[Kanadesaga]

for the 5th time, why would you care?

LOLOL!


I don't, I'm just entertaining myself at your expense, there ecliffy.

[The Professor]

oh, no, you obviously care

you've made a complete fool of yourself

come completely unhinged, there, mr couth the porn pusher

LOLOL!

slander?

LOLOLOLOL!!!

[Kanadesaga]

http://i253.photobucket.com/albums/hh46/kanadesaga/attentionwhore.gif

[Smurf-Herder]

Chill out, guys.

[Hog Trash]

Chill out, guys.These little libbies sure are getting fiesty....I was thinkin a spankin might do them good but that would probably only excite those little perverts even more! :lmao2:

[mwillman]

hey Hog come on over to SF Im sure I can find someone that would let you spank them. As for me I dont harm old men.

[Hog Trash]

hey Hog come on over to SF Im sure I can find someone that would let you spank them. As for me I dont harm old men.I am very happy and relieved to hear that young man. :happy:

I'm sure you're a very dangerous character and I feel safer knowing you mean me no harm. :angel: