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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. |