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The essential problem of this bill begins with its title, “Our democracy”. For Americans the idea of democracy conjures up ideas of equality and freedom for all. For most developed countries, including the United States of America the freedom of press is the guarantee of the government of free public speech for all citizens and their associations, including the members of news gathering organizations and their published reports. With such a title that includes the word democracy, the creators of this bill intent to create the façade that this bill attempts to help promote such freedoms and notions. However, on the contrary, this bill’s core is unconstitutional and single-handedly attempts to constrain and limit those rights that the constitution guarantees.
            The first Amendment of the Constitution, which is commonly known as part of the Bill of Rights, reads in its entirety: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. Furthermore, through the fourteenth amendment such guarantees were continued on the state-level. The government guarantees such rights for every individual and every organization. The “Our Democracy, Our Air waves Act,” however, has many aspects that would infringe on the rights of the press.
            From the first paragraph of the bill summary, the bill establishes that this law would place constraints on the media. The Summary states, “The bill amends the Communications Act of 1934 to establish minimum air time requirements on television and radio stations for candidate-centered and issue-centered programming prior to primary and general elections.” This very statement is an infringement of the rights of the media and news to advertise whom, what, and for how long.
            Section 3 of the Bill is the “Minimum Time Requirements For Candidate centered or Issue-centered Broadcasts by Broad Casting Stations. Subsection A states “ it (broadcast stations) broadcast at least 2 hours per week of candidate-centered programming or issue-centered programming during each of the 6 weeks preceding at Federal election, including at least 4 of the weeks immediately preceding a general election.” Furthermore, part B goes on to state “not less than 1 hour of such programming was broadcast in each of those week during the period beginning at 5:00 p.m. and ending at 11:35 pm in the time zone in which the primary broadcast audience for the station is located” These rules are unconstitutional and would inhibit the rights of the media to choose if they wanted to participate in the election and for how long. Broadcasting stations have the right to choose if they want to support particular candidates and for how long. Furthermore, a broadcasting station has the right abstain from the election process altogether and such a law would deny broadcasting stations such rights.
            Above all this bill violates the rights of the media as an institution to practice free speech. If such a bill would pass it would establish that the government has the right to infringe on the rights of the people and control the people. Who knows what the government might attempt to do next if such a bill were passed. The rights of the people need to be protected and bills such as “Our democracy, Our Airwaves” need to be thrown out.

 

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