Ham Radio License VS FREE SPEECH! Does One Limit The Other?
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- čas přidán 21. 07. 2024
- Does requiring a Ham Radio License in the USA violate your right to free speech, as protected by the First Amendment? Here are my thoughts...,
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Thanks for watching!
#Hamradio #kc5hwb #freespeech - Jak na to + styl
Spot on!! Well said!! 73!
Thanks for listening
What about when government agents directly influences the platform, thereby limiting your speech… ?
That is a different story
@@HamRadio2Twitter files…
Exactly what I was thinking. The platform is violating your 1st amendment the moment they are taking down content, or making their “standards” based on pressure or even feedback from the government.
@@timothyphillips667 The Twitter files exposed millions of taxpayer dollars buying government censorship on one platform. We don't have "The Google Files" or "The CZcams Files" or "The Facebook Filee" or "The Indtagram Files" - yet all of these companies did the same.
Only one man is protecting free speech in America effectively.
“On that side” - yeah, FDR was very bad. A far cry from his relative Teddy, whom I like very much.
As someone about to go back to school for government and public affairs, I love when civics and my hobbies cross over. I treat ham radio as a privilege, and I want to keep ham radio in good standing in the public consciousness, so I will limit my own speech for the sake of the hobby. No profanity, will make sure that frequencies aren't in use before transmitting, etc. I want other people to enjoy the hobby too.
Yes it's a question of common decency
With WalMart and their MURS frequencies, they will swear to you that 151.820, 154.570 AND 154.600 MHz are owned by Walmart and NO ONE is allowed to be on those "channels" because they are licensed to Walmart and Sam's Club. God forbid another company use one of those frequencies in their area. I have spent hours explaining to them about MURS radio. The use of it is purely a courtesy to each other and use of privacy tones.
They're wrong
Funny you said that, as just a little while ago I was listening to some itinerant users of 154.57, not having anything to do with Walmart. There are hundreds of more discreet and effective UHF frequencies that a rich company like Walmart could use, as their use of the common 154.57 frequency is beyond me.
There are a few commercial users still on MURS frequencies that were grandfathered in and they are the primary users on those frequencies within their license area. Walmart is not one of them, they don't have any more privileges than any other MURS user. If Walmart wants the frequencies to themselves, they should get a business band license. The cost would be a drop in the bucket for that large of a company.
I can totally understand why Wal Mart would use MURS. Imagine the licensing and coordination nightmare of getting business band frequencies licensed for every store. And I can also see the employees being mis-informed and even management not understanding the nuances.
@@RishayanPorMexico I believe it is a contract between them and Motorola. Every store that is built is issued x-amount of radios from Motorola.
Civics class on HAMRADIO 2.0 I love it, and I hope some folks heard what was said today. Kudos and thanks for video.
Right on!
The FCC does have the legal right to regulate profanity and obscenity on radio frequencies. FCC v. Pacifica Foundation (438 US 726 (1978)).
WALMART does not use FRS. WALMART uses MURS Blue dot for employees and Green dot for Management. Part 95 FCC rules prohibit false statements and profanity. Part 97 FCC rules also prohibit Profanity.
I've heard them on FRS
It depends on store. Some stores do their own thing regardless of any "policy" so some will use FRS radios, I've seen it in person and then they open off the shelf packages of radios to hand out to associates as needed. Grant it this was a few years ago.
Around McKinney (TX) when I've heard most anybody, it's Wally World talking on MURS.
Part 97 say that "obscene or indecent words or language" are prohibited, but they don't go on the describe what they consider to be obscene of indecent. . . This is from my January 2020, 33rd edition of the Part 97 rules.
@@N2YTADidn’t George Carlin thoroughly address this issue in the past?😏
Good topic and needed my most of us. Thanx
My pleasure
Jason
Very well said, OM. God Bless 73 CUL ... ... ...
I appreciate your videos very much like many HAM channels. I certainly love your style and content and the willingness to take on a topic like this. My one and only comment is that I have and will always believe that the 2nd Amendment is the most important in that is prevents the government, like in the case of King George you mentioned, was violating the rights of his subjects in the colony that became the US. It took armed citizens to obtain the rights we enjoy and it still takes armed citizens to continue to enjoy them.
Totally in agreement. I usually tell people, when they talk of violating rights, that anybody can own and operate a car, the only reasonable restriction, is that you have to have a license to operate it. Ham radio, at least in my opinion, is basically the same. In fact, to listen only I don't even need a license and I can buy a car without a license, as long as I don't drive it. I am not a legal scholar so I can't be 100% sure of what I am saying, but I should not be too far from reality! 73!
Just curious what marine frequencies you are allowed to use without a licence? We do not have any license free access to marine frequencies here in Canada.
I'd have to look but I think all of them except one or two that are reserved for emergencies
When you are aboard a boat, Channel 13 is a hailing frequency and channel 16 is the Coast Guard frequency. You don't need a license to use those two frequencies. When you are ashore, there are some restrictions as to what frequencies you can use.
“Shut Up & Sit Down” hihi
Thank you for explaining it all for everyone. your spot on.
Very WELL STATED Jason! Good job.
Thanks
My brother worked for Cabelas and said that they used FRS radios around the store.
Yeah I've seen that too
You are absolutely right good job Mr J
Enjoyed this and have shared it. Thank you & Cheers!
Awesome, thank you!
Nice video, Jason. I read once that after the Titanic sinking, all the government officials stepped up regulation in efforts to promote common good. I always look at it from that viewpoint; maintaining band regulation keeps people where they can go and away from critical operations like military, shipping, air traffic, and law enforcement. Regulations promote and dictate standard operations so that everyone understands each other, the limitations, and the requirements. See you in Springfield. 73 de Bill
Thanks Bill
Exactly! You hit the nail on the head. Much misinterpretation these days (on a lot of topics) but you rightly explained this as clearly as possible.
Well said!
I respectfully disagree with your assessment of facebook etc. having the right to shut down our posts/speech.
I think it has become quite clear that these platforms have are the modern day "town square" and therefore should be held to the letter of the 1st Amendment as with any public space.
But you keep on trucking within your self prescribed limitations as you do have the right to be wrong 😉
Actually as an ex walmart employee, they are mostly on murs.
Excellent video Jason!!
Preach Jason! Preach!
Are there Commercial HF frequencies? I work for a gravel quarry trucking rock around eastern WA and northern ID. We have LOTS of hills and deep valleys and CB just doesn't work. I have a Amateur Extra and GMRS license but the business doesn't have anything. If I can hit one of the local GMRS repeaters, we might be able to communicate across a couple of the counties, but the power is still low. HF would be ideal because it's not as effected by the hills and you can really pump up the power.
You're spot on, Bro!
Appreciate it!
There are frequencies set aside for anyone to use any time they want. I can't use a machine gun without a license but there are (so far) guns I can use any time I want.
Sure you can own and use a machine gun without a license under federal law. Some states may require firearms licensing. Outside of the high cost of the gun, you "only have to pay a $200 tax" (SMH needs to be dropped also). No license needed.
Very well said and great video I will definitely share with others.
Awesome, thank you!
You are absolutely right!
Thank you for another informative video. Very well explained and I completely agree.
Glad it was helpful!
Good topic thanks
Welcome
A Ham radio license is analogous to having a drivers license. You can ride a bicycle without a license on most roadways, but most motorized vehicles require a license of some kind. The purpose of a drivers license is to make sure you understand how to operate the vehicle and you understand the rules of the road. A Ham radio license is the exact same thing. I don't understand why people have such a difficult time with this. Besides, the United States actually has some, if not the most, liberal laws regarding Ham radio usage.
Because today, most people are stupid! And sadly, very ignorant.
As much as I hate to say it as it does seem like infringing your 1st amendment. I have to agree with you. Your logic makes sense.
With CZcams, FaceBook, and others, users agreed to the license agreement. And this is contained in the agreement.
True
I 100% agree with you. And I’ll add the arrogance and zero knowledge some folks have. Apparently 40m only works in the US according to them. 100 watts ( not even) a wire and you talk all over the planet.
When I worked for Walmart they had MURS radio.
Well said, Jason!
Something else that most people don't realize is many of the FCC regulations are due to international treaty and being part of the ITU (International Telecommunication Union).
I believe a strong case could be made social media platforms are publishers and therefore should not be able to censor as much as they do.
You splained it good, Lucy. 🤓
😁
Can't argue with the truth. Spot on Jason.
Thanks
Licensing terms in Serbia actually prohibit profanity. RF is considered "national resource", like ore or oil or rivers or air, therefore, the entire RF spectrum is regulated, with some parts having less constraints than others (PMR446 for example).
That makes a lot of sense to me. Its a finite resource. Either the government is going to control it, or a powerful business will. I don't love government but i trust radio nerds more than multimedia telecom mega corporations.
It would be no different in a place with low water supplies trying to control wells. Either the government rations it out fairly evenly or Nestlé moves in, takes it all, and sells it you for more money than you can afford.
Make a video on the use of MURS radio.
Great idea
I differ with you on one thing. Bad words is NOT allowed on any radio frequency by international law! No matter if it is your own frequency or not! As for the FCC there are things I wished they did different. But I don't have a big problem with them until they try taking Ham Radio frequencies away!
You're not wrong but that's still not a violation of free speech, IMO
My question to you, is who decides what is a "Bad" word? The SCOTUS has said just because you don't like it makes it wrong. On radio what international law is that, that makes it illegal.
True
In the US, the bill of Rights, the Constitution and interpretations of the law some by the supreme Court are what finally dictates what can't and cannot be done. The mere text is not enough. You said it well that this is how YOU view the law. Exceptions or inclusions in the law can happen.. For example, the supreme court expanded the 2nd as most individuals are not a well regulated militia, and put a lot of restrictions on the first -like anti defamation laws. So, it is never so black and white.
Surprised that WalMart doesn't have a business frequency. The UV9PX radio I got from Better Safe Radios has a Wal Mart freq. But it must be a common one that they all use.
Yeah
long time ago...they have 154.600 ( Green dot ) and 154.570 ( blue dot )...ltinerant frequencis for there business and that was before Murs....some Bking and Mcdonal's also use them....i event have 3 vhf frequencies to use in my tour business back in the 80's and 90;s...( 154.570, 154.600 and 151.625 )....now whit Murs i only use 151.625 ( Red dot ) whit 3 PL tones..that i change every time ...to keep out some Murs people from making call's and messing whit my business....they think 151.625 is part of the Murs ch....
I think these online platforms have become a public forum which your rights should come into play.
They do come in to play online. They always have.
How can I contact you personally? I have a licensing question/problem and need some advice.
I know from watching you at Hamvention you are a proponent of the OTA programs...What will it take to place some reasonable restrictions to allow those of us in HAM radio who do not enjoy contest type operation...At least we can avoid contests since they are held on specific dates where as the OTA stations operate 365 days a year...There has to be some control because OTAs are out of control...I am not against OTA or contest operation, but the OTAs have become a nuisance...Comments appreciated? Ron/HP4RWE
It's no different than the argument that I've seen made about right to travel versus having a driver's license. Yes, we have a right to travel, but you still need a driver's license in order to Pilot your vehicle on the roads
That's why I call these guys wannabe sovereign citizens. Its the same sentiment, they think they found a loophole that exonerates them from all responsibilities and repercussions.
To the person who posted a link two Supreme Court cases showing that we are allowed to travel, I can't see your post except in my notifications and that's quite all right because I don't think you are reading those cases correctly.
There is no right to drive a car. Also, a license for a car, while not necessarily being an infringement on people's ability to drive, certainly can be. If fees are too high, or if the test is absurdly difficult, then this prevents people from driving, ans absolutely, the government is playing favorites.
@@phil2082 difficulty would be subjective
@undrhil5281 Yes, but saying that it is not subjective, because the government has some authority they do not have, is always wrong
Agreed
Great job explaining Freedom of Speech and radio
If you think about it in terms of homesteading, property rights, and ownership, the first radio pioneers homesteaded the airwaves and so became the rightful owners.
For good or ill (being an Anarchist I would tend towards it being an ill vs control by a voluntary organization) the voluntary organizations created by radio pioneers (perhaps unwillingly because government did what government does best - threatened violence) ceded their property right to the governments they were citizens of.
I don't exactly like it, but I'm also not willing to go to Club Fed for hobby stuff. You got to pick your battles wisely.
Thank you for providing an anachist view on the subject.
Licensing is simply a way to regulate. As you said no one is stopping you from getting the license and there are less regulated options without it. Regulation is restriction, licensing or membership is restriction any and all laws are restrictions, however restrictions in a lot of cases are a good thing. Well put sir and thank you. K5WCF
I agree with you Jason. Indeed, any licensing increases your freedom to exercise whatever is the object of the restricted/owned platform necessarily by ensuring all users are following its rules of order. In other words, it is without that license that your freedom is abridged.
Great point
I also agree. If a practical example is needed, tune in around 27 MHz, then imagine the whole spectrum like that,🤣🤣
Could you imagine what the fire and rescue bands or the air band would be like if it was just open for anyone because of freafom of speach could you imagine what the airports would be like for planes taking off and landing if it sounds like cb
Right
Nice video.
Thanks!
So I recently listened to a guy via CZcams saying ham radio is a rule, not a law, so everything that they say they can do, fines, etc. is bull crap. There are people I know who use simplex channels, and listening to this today reminded me about this.
KF0OOF
That's not completely true, you can certainly get fined for using the wrong frequencies
@HamRadio2 thanks for your time and videos! Studying for my upgrade to General class license.
Change "Armature Radio License" to "TV Broadcast License" Would the same conclusion one comes up with be the same for them. If one can build/buy a tv transmitter, should first amendment apply to them?
Well said
@@HamRadio2 Met you this past week end. I am the AP-QuckCon guy.
@@Ezzell_ Bought a couple from you. Good stuff!
@@davepuckett3197 Great! Thank you.
By the way I only don't like the FCC website 🤢
For me it's the same as the freedom of movement. You can go everywhere in the country but you cannot trespass anyone's property. And besides, if you want to drive a car or a 18-wheeler you have to have a driver's license for that. Same thing!
@snoopymec drivers licenses are state issued not federally issued. The constitution doesn't give the federal government the power to require anyone to have a driver's license or even a ham license.
Any of the amendments in the constitution do not give people individual rights. The constitution is a rule book that limits the government what they can and cant make laws and rules on. So this is one thing that should be a correction. Other than that, this is a great video.
No, the Constitution protects your rights, it doesn't give them.
How much do the commercial licenses cost?
I've never checked. I have some friends who bought a frequency, I can ask them.
@@HamRadio2 Yeah not easy to find out on the good ole FCC website. Thanks.
Radio waves do not turn back at the border; they do not even know what the border is. All radio regulations are based on international law. If someone does not get that, look for the video " Karen exercising First Amendment rights in another country." It will make your day.
Probably right next door to the HOA folks
One problem is the big platforms have section 230 protection but then try to operate like a publisher. It would be like your phone company cutting off your phone because they dont like what your saying. They take advantage of section 230 in corporation with some in government to encroach on the first amendment.
Agreed
The tests are hard. However, if there was no knowledge requirement i fear the art would go away. The knowledge would disappear. I had to learn things i wouldn’t have, had it not been a requirement.
The tests aren't that hard - lots of resources to get you through it.
I've always said freedom of speech is not free of consequences. Sure in an analog world you can key up on a fire, ems frequency and exercise your freedom of speech however... you're not free of the consequences for doing so.
Thanks to Elon Musk to show the world what is happening with our free speech here in Brazil. Believe it or not, we don’t have it anymore.
Can I tell my HOA board that they are violating my 1st amendment by not letting me put up an antenna so I can use my radio equipment in my house? Also, does an HOA have to follow reasonable accommodation rules, so I can exercise my freedom of speech?
no, because you agreed to the HOA rules when you bought the house.
Bryan is right. You chose to live in an HOA, that's on you.
However, there is an act in Congress right now to limit HOAs from restricting Hams from putting up antennas
ok been watching up to 10:56 spot on at this point. again there are some grey areas but when dealing with a licensed service like you said, there are rules to follow. Amatuer Radio is a "platform" just like facebook and such. again the only thing the freedom of speech does protect are laws by the federal govenment (congress) against it. so again a repater is a "platform" with rules and you have to follow them according to federal law on Amateur Radio and most licensed services. Sorry for so many comments but doing them as i watch now. tahnks again for putting your prospective and still keeping it open minded.
Thanks for making this video (and others like it). Like you said, they invite the keyboard warriors to come out, but it's important information that needs to be shared. And we should be able to discuss these sorts of things rationally. I think it'd be a lot easier if everyone was still required to take a full and complete civics/government course to graduate high school (or at least be locked in a room with food and forced to watch all of Schoolhouse Rock on loop for a week, if the budget is constrained), but that's a whole other discussion. ;)
I think some people on the Internet forget (because they don't really perceive it as such) that every single one of the freedoms guaranteed by the First Amendment is still subject to regulation. The type and degree of regulation is certainly constrained more or less based on which freedom we're talking about, but it is not blanket forbidden.
Example: In most places in the US, if not all of them, it's illegal to shout FIRE in a crowded building when there isn't a fire, because doing so creates a public health hazard (risk of panic/stampede) where there wasn't one before. Whether you have to intend to do chaos or not (criminal intent vs. negligence) when you shout depends on the jurisdiction, but if Freedom of Speech were absolute, such laws couldn't exist. See also: all defamation laws. The intersection of freedom of speech with defamation law makes the entire field more fascinating and complicated than it might at first seem.
A big part of HAM radio licensing isn't just getting a license to be on the radio. It's getting a license to be on the radio SAFELY. That's where the government's legal interest in regulating amateur licensing has the most zing, in my opinion. The government wants to make sure we know what we're doing well enough not to render nearby official emergency communications systems inoperative because we're on the wrong frequency or have our hardware misconfigured, or whatever. And getting a license is their way of testing us to make sure we understand those rules, and getting us to agree to follow those rules, *and having the authority to take corrective action when those rules are broken, in order to protect the public at large* .
You've had a couple of videos about licensed hams rightfully getting in deep trouble for interfering with official comms during diaster events.
If the federal government chose not to regulate amateur radio, most states certainly would under the authority of their "police power" (a somewhat confusing term in US constitutional law describing certain regulatory powers reserved to the states that mostly concern public safety), for the same reasons.
Its fun to get the Walmart automotive employees looking for Blinker Fluid 😄😄
Lol
I was kind of thinking about this the other day, not the freedom of speech aspect, but from a RF spectrum stand point - could you image the chaos if we didn't have the FCC. It's not a perfect solution, but without the FCC any body and every body would just do what they wanted. So the way I look at it is the FCC organizes the chaos. That results in having to license for some part of the spectrum to use, and a clearing house for violations of spectrum use outside what the license is. I think Walmart is using MURS, at least the ones around here are. I know of one or two companies in the area that may still be licensed MURS users - at least they have a repeater up and I hear it ID from time to time, but honestly I've never heard any one talking on it, so maybe a throw back to the old business band. I also hear a lot of companies using FRS. And there is a lot more active GMRS users then originally thought. We live in interesting times. Good video, thanks
MURS-FRS & CB radio services are great to be long winded.
The road construction flag guys around here use FRS channel 5.
right on ! well said . Walmart FRS LOL they also use MURS in some stores. they just use radios they sell. 73's
I've heard them on FRS but lots of the comments say they are on MURS
@@HamRadio2 they use both. depends on store.
Excellent video. 73 de K2BNY
I sometimes wished amateur radio would be like gmrs, get a license and get access to the gmrs bands without taking another exam to get access to general and extra bands each time, seems like a money scheme to me. And other times I'm glad every time if you want to level up you have to test again, but it seems communistic to me, I enjoyed this video and yes I agree. 73, everyone Kq4hcu
Question, do you have to have a license to use a ham radio, I have heard both sides of this. some say you do, some say you don't, it's all in how you use it.
You need a license to talk, not to listen
@@HamRadio2 Thanks I have known a few people that you don't need one, if you only use it every once in a while.
Jason you need to rephrase that about profanity Part 95 FCC rules prohibit false statements and profanity. Part 97 FCC rules also prohibit Profanity.
Yes that is true, but neither enforce it. You can hear profanity all over both bands.
Honestly I'm much less worried about that than about the main point of the video
What are people's thoughts on "bible study" nets?
They have as much right as anyone else to choose the topic of their Net
You had me at congress will make no law
Indeed
Requiring a license and restricting the frequencies we use is verification that we have been "trained" in the proper use of those frequencies.
Much like a driver's license is verification that you have been trained in the proper operating procedures for driving a vehicle.
A vehicle is, basically, restricted to be used on roadways. Who wants someone driving through their front yard or house? It helps keep disruptive actions from occurring on a regular basis.
Much like restricting amateur radio use to certain frequencies helps keep us from disrupting specialized radio services on a regular basis, such as emergency services, security services, transportation such as air traffic or even military operations. Imagine the effect of interrupting an active military operation with our casual conversations or contesting.
Yes, we should respect those operations and services, but there are those who would abuse their radio privileges if not restricted, by how their equipment can be legally built. Because many just buy their equipment "off the shelf", those radios won't transmit (or at least aren't supposed to transmit) on restricted frequencies.
The licensing and restrictions are merely a verification that you know how and where to use your equipment.
We don't really want the privilege abuse that occurs on the CB band (only said because I have experience with CB) to happen on frequencies that can potentially interfere with important and sometimes vital communication services. The lack of regulation on the CB band has led to some quite unsavory behavior.
I say we keep the regulations in place and keep our bands as civil as we like them, as opposed to letting operators have free reign as with those "free band" services you spoke about.
Why you need to explain any of this to any particular person/people, Says everything you need to know about said such person/people. Thanks Jason for all you do....73, N8SOT
While I do not disagree with you, I think in this day and age, it needs to be said
Great thoughts, but I think the deeper question is why is licensing required? I agree that it isn’t a violation of the first amendment but what makes HAM bands a “property” and who owns it? Maybe that is the deeper argument?
I've wondered about the profanity restrictions. I know the rules technically prohibit it, but I don't really see how that's enforceable in a real way unless enough of us sit there with tape recorders and catch offenders and take the time to send detailed reports (with recordings) in to the FCC. Which sadly seems to be an unreasonable expectation.
And it's a shame, because it'll put people off. A lot of us have to deal with profanity and unpleasantness for work-related reasons. the FCC rules indicate that amateur radio is supposed to be an escape from that.
My first experience picking up 2m SSB, which I wasn't even sure my radio could do, was certainly soured by only being able to hear some AARP member who had apparently decided to base his entire personality on the Official Bigoted Grandpa at Christmas Dinner Conversation Checklist. We had the runaway Chinese spy balloon in the air that week, so you can guess how well that went.
On the plus side, my 2m SSB reception was clear enough for me to get really annoyed. :P
Agreed on Freedom of Press but yet how much inaccurate news do we hear everyday. I don't think freedom of speech is so simple though. As an example you can't threaten someone physical harm, right?
No, there are limits to free speech
Awesome sponsor on CZcams for once lol
All of my sponsors are awesome
Walmart here in my town use murs hehehe
lol
@@HamRadio2 Here too.
There is a part of the Wikipedia article on MURS that tells you some of the notable users, including Costco, Walmart and Sam's Club. It doesn't take too much imagination to think that _Maybe_ they lobbied some commissioners to create a license free band that they could use for their stores. Just think what a VHF license would cost for thousands of locations.
😁
As I licensed Ham,Commercial Radio Operator, I both agree & disagree with what you are saying! 90% of what you are talking about is just common sense agreed! My thing is the little Hitlers & Dictators that are trying to run & control the air waves & repeaters with there control issues is My only beef. I have only met one Ham I did not like! 2 hams had a conversation about a strange traffic stop & it hurt someones feeling! If you don't like the station change frequency's. That's the nutty stuff I can't figure out? This one 2 minute conversation started a dumpster fire that's been burning for 16 years, WOW. But thank You & Many Good Points...
HAMS are citizens, like you and I. WE can't control anything, other than the fact of WE THE PEOPLE. But that's all of us
@@HamRadio2 I agree you can not abuse the air waves. In this case 2 Hams were talking about traffic stop. A trustee had a father who was a Police Officer ( So He Says?) and it hurt his feelings and made a big stink! I heard the conversation and nothing bad was said! The party who complained all ways has something to say and is all ways right and it's his way or the highway LOL. Can't Fix Mean & Evil or Dumb...
to add to my comment. you keep say "the government" you need to remember there are more froms of government than just one. you have federal govenrment then state government then local/city government. the only thing that the constitution protects from is the fedral government. watching at 3:53 so will se what you say after that but you cannot just say "the government" it is too vague. sorry to put that out there but is true. Love the video by the way
Thanks for watching and commenting. But no, the State and Local governments can't take away or suppress your freedom of speech either
GMRS is 10 year term
Yes
“Congress shall make no law restricting free speech”. So doesn’t the FCC violate this if a commercial broadcaster says one of the seven words off George carlins list
No, because of reasons stated in this video
No, because the commercial broadcaster purchased a license which is a legal acknowledgement that the broadcaster agrees to follow the "rules". 😊
Free speech refers to ideas and opinions.
@@N2YTA and the ability to convey those ideas and opinions.
@@Therick305 wrong. The government has no requirement to provide a "soap box" it's your job to get your message out, if you care to.
Britain charges you for every TV you have in your house! We lost half our 220 mHz band due to the govt. selling it out from under us. The Ham frequencies are ours as long as the govt. says so.
It is a sad state of affairs.... 😱😖
DMR TGIF 2021 Free Speech!
Is that a talk group?
I agree, generally, with everything you said. However, I would just like to comment on the reality of you tube. It is very true what you said about you tube, basically that You Tube does not respect the bill of rights, that is, freedom of speech. You defend that by saying that You Tube is a private enterprise that can do as it pleases. Well, sort of. There are dozens, or maybe even hundreds of social platforms on the internet. All of them, with the notable exception of You Tube, Facebook and x, are quite small and have little power in affecting society. You Tube is a huge...HUGE and influential platform wielding POWER. And besides, the internet is NOT a closed circuit operation, as it uses the electromagnetic spectrum, not invented by man, but rather given to us by GOD for everyone's use, not just the rich and powerful and their governments. At one time, yes, the small man with a printing press could freely publish his point of view, protected by the bill of rights. Not so much any more. Times Change. Society changes. The internet is now the street corner. But, unfortunately, the rich and powerful, like google and you tube, have ignored the bill of rights, and stand behind their outdated ""private property"" argument to deny freedom of speech. The time has come to change that. And I'm sure our next president is in agreement, as he was an unfair victim of that very lack of freedom of speech. It is time to bring the internet into accordance with the bill of rights, including freedom of speech and freedom of the press. It should not affect the vast majority of small uninfluential platforms on the internet, but You Tube, way too big for it's britchs, must now be brought under government scrutiny, especially on the issue of freedom of speech. Well, that's my opinion. Good video, as always.
Where in the US Constitution was Congress granted the authority to create the FCC?
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
@@BryanDaniel42 The way the modern government apologist views that clause is that it gives government plenary power to do whatever the hell government wants to do so long as it claims to be acting for 'the general welfare'
The proper understanding of that clause (especially in conjunction with 'necessary and proper') of the Constitution is that Congress is free to legislate in the specific matters that the Constitution explicitly permits them to act ( reaffirmed/clarified by the 10th amendment), but to only pass legislation on those specific matters that were enumerated, and that when Congress chooses to legislate on a matter it is specifically enumerated to legislate, it must do so in a manner consistent with regard to the general welfare, that is, it must not engage in favoritism towards a particular person/group.
So for example, Congress is permitted to create a system for issuing patents. It cannot do something like give an eternal patent for an idea because to do so does not 'promote the general welfare'
Correct, Congress does have the authority to lay and collect taxes. The Communication Act of 1934 did not lay a new tax, it created a regulatory agency.
@@sandman3517 it does have the authority to legislate for the general welfare of the nation. Do you really think unregulated use of the electromagnetic spectrum is in the best interest of the general welfare of the nation? that anybody should be able to setup a transmitter on any frequency and transmit anytime and anywhere at any power level without any regulation from the federal government? Is that in the best interest of the general welfare of the nation?
@@dorvinion i get your point, but on something that affects the citizenry on a nationwide scale it applies. the electromagnetic spectrum is one of those things. without federal regulation of that spectrum, it would be chaos.
The recent "shut up" ad is in very bad taste on a number of levels. I would not have expected this of you and is in very bad taste.
Please explain
Strangely this has already been hashed out in the court systems, And its exactly that, the 1st amendment gives you freedom of speech to stand on a soapbox and say whatever you want, Except start shouting fire in a movie theater.
You could shout fire in a theater as long as its in printed form. Which leads people to think that Radio is just an extension of the Gutenberg press. It is not.
I think there is an important distinction between speech, opening your mouth and speaking, and transmitting a radio signal. The constitution guarantees your right to speech. It does not, however, guarantee your right to transmit a radio signal.
True