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emgorse.bsky.social
Emgorse
@emgorse.bsky.social
460 followers 56 following 350 posts
I’m a person that loves gardening but is allergic to plants, reads constantly, loves movie and TV, and is addicted to social media.

My profile pic is a piece of artwork that my sister created when she was in college, and the flowers were from my garden.
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emgorse.bsky.social
Screenshot from the red lion Supreme Court decision that described the requirements of the fairness doctrine.
There is a twofold duty laid down by the FCC's decisions and described by the 1949 Report on Editorializing by Broadcast Licensees, 13 F. C. C. 1246 (1949). The broadcaster must give adequate coverage to public issues, United Broadcasting Co., 10 F. C. C. 515 (1945), and coverage must be fair in that it accurately reflects the opposing views. New Broadcasting Co., 6 P & F Radio Reg. 258 (1950).
April 30, 2025 at 3:47 PM
emgorse.bsky.social
Screenshot of Previous posts in the thread
April 27, 2025 at 7:23 PM
emgorse.bsky.social
Cable channels are not licensed, which is why the FCC reiterate over and over again on their website that their policies don’t apply to cable channels such as in their news distortion policy

www.fcc.gov/broadcast-ne...
What is the FCC's responsibility? The FCC has had a policy against "news distortion" in over-the-air broadcast (local TV and radio stations) news for over 50 years. Cable news networks, newspapers or newsletters (whether online or print), social media platforms, online-only streaming outlets, or any other non-broadcast news platform are outside of the FCC's jurisdiction with respect to news distortion.
March 13, 2025 at 4:28 PM
emgorse.bsky.social
A policy that the FCC distinctly says can only be applied to licensed TV and radio broadcasters.
The FCC has had a policy against "news distortion" in over-the-air broadcast (local TV and radio stations) news for over 50 years. Cable news networks, newspapers or newsletters (whether online or print), social media platforms, online-only streaming outlets, or any other non-broadcast news platform are outside of the FCC's jurisdiction with respect to news distortion. News distortion "must involve a significant event and not merely a minor or incidental aspect of the news report." In weighing the constitutionality of the policy, courts have recognized that the policy "makes a crucial distinction between deliberate distortion and mere inaccuracy or difference of opinion." As a result, broadcasters are only subject to enforcement if it can be proven that they have deliberately distorted a factual news report. Expressions of opinion or errors stemming from mistakes are not actionable.
February 7, 2025 at 9:01 PM
emgorse.bsky.social
From the Supreme Court ruling to allow the sentencing to go forward in Trump versus New York.
24A666 ORDER IN PENDING CASE TRUMP, DONALD J. V. NEW YORK, ET AL. The application for stay presented to Justice Sotomayor and by her referred to the Court is denied for, inter alia, the following reasons. First, the alleged evidentiary violations at President-Elect Trump’s state-court trial can be addressed in the ordinary course on appeal. Second, the burden that sentencing will impose on the President-Elect’s responsibilities is relatively insubstantial in light of the trial court’s stated intent to impose a sentence of “unconditional discharge” after a brief virtual hearing. Justice Thomas, Justice Alito, Justice Gorsuch, and Justice Kavanaugh would grant the applicat
January 10, 2025 at 1:24 AM
emgorse.bsky.social
How does that line and the line right after it support the point you tried to make in this earlier post
The government is also under no obligation to allow foreign post. We can and do routinely just not take mail from certain countries. There's a reason Lamont has the holding it does. And it's completely antithetical to your premise.
January 9, 2025 at 9:46 PM
emgorse.bsky.social
Murdoch lived in the United States for more then 10 years before he became a citizen.
Rupert Murdoch, Australian-born publishing magnate, became a U.S. citizen Wednesday, clearing the way for his acquisition of a network of independent American television stations. Murdoch, 54, a native of Australia, has been living in the United States since 1973. He was joined in the courtroom ceremony by 185 other aliens.
December 15, 2024 at 6:16 PM
emgorse.bsky.social
Yesterday’s turkey pot roast.
Turkey pot roast for Thanksgiving dinner
November 29, 2024 at 9:23 PM
emgorse.bsky.social
From boat From boat
November 16, 2024 at 8:48 PM
emgorse.bsky.social
Astoria Bridge
November 15, 2024 at 11:42 PM
emgorse.bsky.social
Paddlewheel boat on the Columbia river
October 18, 2024 at 10:14 PM
emgorse.bsky.social
Cable channels are not broadcast and they don’t require a license to operate.

They FCC themselves make a distinction between broadcast and non-broadcast

www.fcc.gov/broadcast-ne...
What is the FCC's responsibility? The FCC has had a policy against "news distortion" in over-the-air broadcast (local TV and radio stations) news for over 50 years. Cable news networks, newspapers or newsletters (whether online or print), social media platforms, online-only streaming outlets, or any other non-broadcast news platform are outside of the FCC's jurisdiction with respect to news distortion.
August 22, 2024 at 2:55 PM
emgorse.bsky.social
Found it

www.washingtonpost.com/outlook/2021...
Over the decades, many conservatives also came to value the Fairness Doctrine. Phyllis Schlafly was a major proponent and used the doctrine to gain media coverage for her Anti-Equal Rights Amendment campaign. Conservative activists like Reed Irvine saw it as a tool for including conservative voices within a media landscape that they perceived as predominantly liberal. Even right-wing groups such as Accuracy in Media and the NRA supported it well into the 1980s.
July 5, 2024 at 2:51 PM
emgorse.bsky.social
How about one directly involving CNN where the FCC rules that they cannot prevent profanity on CNN because it’s not a broadcaster

docs.fcc.gov/public/attac...
FCC Dismissal of complaint against CNN for profanity
June 4, 2024 at 12:10 AM
emgorse.bsky.social
And here is a link directly from the FCC where they make a distinction between broadcast and non-broadcast, so you can stop pretending the cable channels are broadcasters

www.fcc.gov/broadcast-ne...
What is the FCC's responsibility? The scope of the news distortion policy is limited in several respects. First, the regulation applies only to the broadcast medium, which means that the FCC has no power to enforce it against cable news networks, newspapers or newsletters (Whether online or print), social media platforms, online-only streaming outlets or any other non-broadcast news platform.
June 3, 2024 at 11:44 PM
emgorse.bsky.social
uscode.house.gov/view.xhtml?r....
Broadcasting The term "broadcasting" means the dissemination of radio communications intended to be received by the public, directly or by the intermediary of relay stations.
June 3, 2024 at 11:39 PM
emgorse.bsky.social
In the United States, the courts mostly use strict scrutiny to judge whether or not laws are violating the first amendment, the congressional research service amongst others has said that this type of regulation cannot exist for non-broadcasters do

sgp.fas.org/crs/misc/R40...
Assuming that the Supreme Court would continue to apply intermediate scrutiny to government restrictions on broadcasters' speech, the Court would then need to decide whether the Fairness Doctrine withstands such scrutiny. The Court may choose to uphold Red Lion and the Fairness Doctrine under the principle of stare decisis, which requires courts to adhere to precedent. " The Court also may choose to analyze a newly established Fairness Doctrine in light of evidence regarding its effects on speech that has developed since the Red Lion decision. To do so, it would have to answer two questions: (1) whether the Fairness Doctrine advances a substantial government interest, and (2) whether the doctrine is narrowly tailored to achieve that interest.
May 22, 2024 at 8:07 PM
emgorse.bsky.social
A broadcast is a signal sent over the air for free to anyone that has the mechanical means to pick up that signal through the use of the scarce public radio spectrum airwaves.
Broadcasting The term "broadcasting" means the dissemination of radio communications intended to be received by the public, directly or by the intermediary of relay stations.
May 15, 2024 at 4:36 PM
emgorse.bsky.social
The FCC itself says this on their website

‘The FCC does not regulate online content.’ The FCC and speech.

www.fcc.gov/consumers/gu...
Nevertheless, what power the FCC has to regulate content varies by electronic platform. Over-the-air broadcasts by local TV and radio stations are subject to certain speech restraints, but speech transmitted by cable or satellite TV systems generally is not. The FCC does not regulate online content.
May 15, 2024 at 4:14 PM
emgorse.bsky.social
Yep, and in one of the few times that they tried to enforce it in the 80s the courts were not exactly on board

‘we remand the case to the FCC with instructions to consider Petitioner's constitutional arguments.’ Meredith Corp. v. F.C.C, 809 F.2d 863 (D.C. Cir. 1987)
Federal officials are not only bound by the Constitution, they must also take a specific oath to support and defend it. U.S. Const. art. VI, cl. 3. To enforce a Commission-generated policy that the Commission itself believes is unconstitutional may well constitute a violation of that oath, but, in any event, the Commission must discharge its constitutional obligations by explicitly considering Meredith's claim that the FCC's enforcement of the fairness doctrine against Meredith deprives it of its constitutional rights. The Commission's failure to do so seems to us the very paradigm of arbitrary and capricious administrative action. Accordingly, we remand the case to the FCC with instructions to consider Petitioner's constitutional arguments. Of course, the Commission need not confront that issue if it concludes that in light of its Fairness Report it may not or should not enforce the doctrine because it is contrary to the public interest.
April 12, 2024 at 3:22 PM
emgorse.bsky.social
Our first snow of the season
Night - Minor snow cover
October 31, 2023 at 2:25 AM
emgorse.bsky.social
I Didn’t think I’d see any more flowers in my yard this year, but I went outside today and found these.
White catchfly bloom White catchfly bloom White catchfly bloom
October 26, 2023 at 7:26 PM
emgorse.bsky.social
Even if something legally qualified as incitement it would not be the FCC doing anything about it, that’s a criminal statute and the FCC is not a law enforcement agency.

The Public and Broadcasting

www.fcc.gov/media/radio/...
Programming Inciting “Imminent Lawless Action.” The Supreme Court has ruled that the government can curtail speech if it is both: (1) intended to incite or produce “imminent lawless action;” and (2) likely to “incite or produce such action.” Even when this legal test is met, any review that might lead to a curtailment of speech is generally performed by the appropriate criminal law enforcement authorities, not by the FCC.
October 22, 2023 at 7:12 PM
emgorse.bsky.social
Some more pictures of the aluminum violin art piece, it weighs 16 pounds
Front of aluminum violin art piece Sideview of aluminum violin art piece Back of aluminum violin art piece The other side view of the aluminum violin art piece.
October 21, 2023 at 11:09 PM
emgorse.bsky.social
Section 230 is another law that people frequently misinterpret…

Here is the text of law as it currently stands

uscode.house.gov/view.xhtml?r...
The full text of 47 USC 230: Protection for private blocking and screening of offensive material, the full text is too long to fit in the alt text, it is a law that protects an interactive computer service from being held legally responsible for some civil liability from user Contant
October 21, 2023 at 2:45 PM