This is going to be very interesting. The Supreme Court has agreed to hear the case about the constitutionality of the FCC's policing indecency on the airwaves.
The Supreme Court, of course, is run by conservatives now, and conservatives are always in favor of policing indecency, right? Well, not so fast. Justices Scalia, Thomas, and Alito also call themselves "constitutionalists." In effect, they don't believe in legal precedents if those precedents were not specifically enumerated in the constitution. In their eyes, it's still 1789.
Obviously the constitution doesn't give anyone the authority to police indecency. Yes, the Supreme Court has previously ruled that the FCC does have the authority, but that ruling was made post-1789.
So what will they do?
Will they give the conservatives what they want or will they live up to the letter of their strict ideology?
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Tuesday, June 28, 2011
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