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In reply to the discussion: GOP Senate candidate to run 'Let's go Brandon' ad during Super Bowl [View all]onenote
(46,339 posts)A specific statutory provision governs over a general statutory provision. Thus, the general prohibition on a broadcaster transmitting obscene, indecent or profane content, gives way in the face of the specific statutory provision barring a broadcaster from engaging in censorship with resect to political advertising by a legally qualified federal candidate.
And, if the blog (which I didn't write by the way, but was written by one of the leading broadcast law practitioners) didn't convince you, here are the words of the FCC:
See In Re Complaint by Julian Bond, 69 F.C.C.2d 943 (1978) ("Finally, even if the Commission were to find the word 'nigger' to be 'obscene' or 'indecent,' in light of Section 315 we may not prevent a candidate from utilizing that word during his 'use' of a licensee's broadcast facilities." Id. at 944); see also In re Commission Policy in Enforcing Section 312(a)(7) of the Communications Act, Report and Order, 68 F.C.C.2d 1079, para. 25 (1978) ("All stations are forbidden by Section 315 of the Communications Act from censoring any uses of a broadcast station by a legally qualified candidate for public office and may not dictate the content or format of any non-exempt appearance of such candidate."