Thursday, September 11, 2008

Latest in the WHRW saga...

Response to Rob Glass, whom also reviewed my clearance test.

Hi Rob,

Thanks for looking at this.

> I will be blunt, you failed. A review of the test by the board will not change the fact that you could not give FCC definitions for Obscenity, Profanity, Indecency, mis-defined a call to action,

Do you mean I failed to demonstrate competence in the areas tested?
Because I am a subject matter expert in communications law, and I am a published author in obscenity law.

(see, Huston, William: "Under Color of Law, Obscenity vs. the First Amendment", Nexus Journal, Vol 10
(2005): 75:82. Copy is here:
http://binghamtonpmc.org/bhuston/myth_of_obscenity.html
Please read it if you get some time. )

There are four issues here:
  1. What does the law say?

    note well: THERE IS NO DEFINITION OF OBSCENITY IN THE LAW!

  2. What do the courts say?

    Principally, this comes from two cases, FCC v. Pacifica (defines indecency), and Miller v. California (defines obscenity). I can cite relevant parts of these cases nearly verbatim, and do so on the test.

    note well: THERE IS NO DEFINITION OF OBSCENITY IN THE CASE LAW!

    The case law appeals to (I'm not making this up)
  3. What does the FCC say?

    Christ almighty, the FCC changes it's stance all the time!
    Just look at the Bono incident.
    They can't even decide whether FUCK is obscene, indecent, or OK.

    This is because of a fundamental paradox:

    note well:
    IT IS IMPOSSIBLE TO DEFINE OBSCENITY!
    (read my paper)

  4. What is WHRW policy?

    WHRW policy better be in line with the law, the courts, and the FCC, because any additional burdens on my speech are illegal.

As far as "calls to action go", I answered this question the same as I have every other year. I answered this question correctly according to FCC rules AND the WHRW guidebook. ACCORDING TO THE WHRW GUIDEBOOK, the only prohibited "calls to action" are inducements to go shopping. This is how I answered. How is this incorrect?

Note Well: The phrase "call to action" does not occur in the entire FCC code.

When is the next board meeting?

--
Bill Huston
Binghamton NY
607-321-7846 c

email: WilliamAHuston at gmail
http://binghamtonpmc.org/bio.html
http://myspace.com/MrMouthyMan

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