Originally Posted by Fedaykin
RF spectrum is leased to private entities via spectrum auctions. The taxpayer makes money off it and it is how RF is indeed "shared".
That the FCC "regulates"* free speech on the free airwaves, or local governments regulate free speech in public parks speaks directly to the concept that no "right" is absolute. There is a limit to every "right". You can be required to get a permit for a rally, or enforce public disturbance laws if you grab a bullhorn and start yelling at people on a street corner or be prosecuted if you yell 'fire' in a crowded theatre.
And by the way, the FCC does not limit its censorship based on "shared resources". It censors only things that are not subscriber based and thus cannot be easily controlled by consumers wishing to avoid it. Hence freely available television and radio channels are subject to FCC censorship, but cable and satellite (which uses open air RF spectrum just like terrestrial broadcats) are not. That's why all the "adult" material is generally only available under subscriber based services like HBO and SiriusXM.
Additionally, the FCC cannot actually prevent any broadcaster from broadcasting whatever legal material they want (basically anything that is not deemed "obscene"). They have only been given the authority to slap people on the wrist when "indecent" material (read: sex and dirty language) is broadcast outside of the "acceptable" times. There's absolutely no reason a free over-the-air channel can't play soft core porn, just like Skinimax, as long as they don't do it between 6AM and 10PM.
Saying the government can't regulate anything you do in your own home is ridiculous. The idea of private ownership with regards to "rights" has to do with differentiating between what the government is limited by vs what a non-goverment entity is limited by. The government has to respect your right to free speech, but a private entity doesn't. In other words, the government must respect free speech, even on public airwaves, but the private entities using that spectrum don't have to.
Of course, the common theme here is that _your_ rights end where mine begin -- it has nothing to do with "what you are allowed to own in the privacy of your own home".
* Your right to broadcast porn or other adult content ends where it becomes too easy for my children to view it in the circumstance that I don't want them to.
* Your right to your religious belief ends when you attempt to force those beliefs on others.
Likewise, your right to posses firearms ends when you cross the line from sportsmen activities and self defense into offensive capability -- something even the NRA agrees with which is why anything "on the bubble" they try their darndest to frame as a "sportsmen's weapon" or a "self defense" weapon. That's what leads to idiocy like people claiming an AR-15, Mini-14 or other similar rifle is a legitimate "hunting weapon" and why the NRA puts out bullsh*t adds claiming people wanting those types of weapons bans are 'going after sportsmen'!
Wow that's a lot of typing to keep going down a piss poor rabbit trail you created. So which public park have you gone to where when you go there you lease a chunk of it where from that point forward nobody else is allowed to use?
And if the mechanism is all about truly policing speech (instead of controlling allocation of very limited resources) why does the FCC do nothing to control what's posted on the internet?