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onenote

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73. Short answer: the Luken Memorandum has no legal effect

Mon Feb 14, 2022, 11:04 AM

Feb 2022

Last edited Tue Feb 15, 2022, 09:29 PM - Edit history (1)

It was a letter from the then Chairman of the FCC to a member of Congress offering the Chairman's opinion of the relationship between Section 315 and Section 1464.the law. But it wasn't signed onto by any other members of the FCC let alone a majority and in the intervening 38 years it has never been cited or followed by the FCC or any court. If in fact there is a case where the FCC has sought to enforce Section 1464 against a political advertisement from a legally qualified federal candidate, I'm sure you will point it out.

In the meanwhile, when i have a chance, I'll post a review of some of the decisions that the FCC and courts have issued in the intervening years -- decisions which call into question not only whether Section 1464 overrides Section 315 but also the notion that "Let's Go Brandon" would ever be found to be "indecent" under the FCC's rules and decisions.

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GOP Senate candidate to run 'Let's go Brandon' ad during Super Bowl [View all] Yo_Mama_Been_Loggin Feb 2022 OP

WTF is wrong with a network that would air that kind of crap? milestogo Feb 2022 #1

Exactly mahina Feb 2022 #3

I am pretty sure they have to dsc Feb 2022 #4

Sort Of ProfessorGAC Feb 2022 #16

No they can't onenote Feb 2022 #45

Curious ProfessorGAC Feb 2022 #72

The networks can easily decline to air all political ads during and right after such a major cstanleytech Feb 2022 #22

The ad was sold by the local station, not the network. And the station can't refuse onenote Feb 2022 #46

So limited local ad then so if there is any impact its probably negligible. cstanleytech Feb 2022 #52

It's in PA where he's running, anywhere else wouldn't matter anyway Polybius Feb 2022 #53

They have to. No discrimination allowed. LogicFirst Feb 2022 #18

It's not about discrimination, its about vulgarity. milestogo Feb 2022 #19

What's vulgar about "Let's go, Brandon"? NT mahatmakanejeeves Feb 2022 #25

It's another way of saying F.U. Biden. That is his ONLY meaning in saying that. SunSeeker Feb 2022 #31

So what? mahatmakanejeeves Feb 2022 #37

Of course it's not the worst. But they still shouldn't be saying F.U. Biden on TV. SunSeeker Feb 2022 #44

It's not about whether incivility is new. It's about GOP attempts to control the narrative. CBHagman Feb 2022 #82

they had to do something DENVERPOPS Feb 2022 #47

They'll run our ads too if we pay for them Polybius Feb 2022 #55

Doesn't matter, because it's not banned like F-bombs Polybius Feb 2022 #54

Material can still be deemed indecent for FCC purposes even if it uses euphemisms or innuendo. SunSeeker Feb 2022 #58

Let's not try and cancel this Polybius Feb 2022 #59

Right wingers always scream "cancel culture" when we object to their racism/sexism/offensiveness. SunSeeker Feb 2022 #60

It's too late to get mad about it Polybius Feb 2022 #65

It's never too late to object to a wrong. SunSeeker Feb 2022 #70

Throwing his money away. Midnight Writer Feb 2022 #2

Wish you were right, but... Number9Dream Feb 2022 #10

That's interesting to hear. blue neen Feb 2022 #30

Yep, it makes the MAGAts giddy to have figured out a way to say F.U. Biden in public. SunSeeker Feb 2022 #33

Don't give Bang-Bang Boebert DENVERPOPS Feb 2022 #49

We support the Gazpacho Police bucolic_frolic Feb 2022 #5

Shame out that THC advert they refused to show ... you know, the one that stops seizures... NotHardly Feb 2022 #24

Too bad there won't be a Lincoln Project ad. HUAJIAO Feb 2022 #6

Good call DENVERPOPS Feb 2022 #50

I guess I spoke to soon samplegirl Feb 2022 #7

If such an ad is played during the game or commentary, I will turn off NCjack Feb 2022 #8

There's putin money behind this one, I'm sure. C Moon Feb 2022 #9

This is a ballgame.. Deuxcents Feb 2022 #11

He doesn't have a district moose65 Feb 2022 #32

Ok..yes...ALL of the districts .. ty Deuxcents Feb 2022 #35

It's probably only running in his local area, during a time slot set aside for cheaper local ads. TheRickles Feb 2022 #12

He is already flooding the tv ads here in Western PA. livetohike Feb 2022 #13

How disgusting hermetic Feb 2022 #14

Is this a national ad, or just local to PA? Mawspam2 Feb 2022 #15

Don't know Yo_Mama_Been_Loggin Feb 2022 #17

Probably local. National ads are $6.5 million(!) for 30 seconds. Maybe out of his league. TheRickles Feb 2022 #26

But aren't national ads playing everywhere during SB ? JI7 Feb 2022 #38

Yes, but some of the segments, like the one just before half time, are for local businesses. TheRickles Feb 2022 #40

Somebody in PA should put up an ad ... ificandream Feb 2022 #20

The Jim Lamon ad to be run in Arizona is worse. LogicFirst Feb 2022 #21

McCormick has plenty of money Deminpenn Feb 2022 #23

All NBC has to say is no.....its really that simple.... turbinetree Feb 2022 #27

Not NBC's decision onenote Feb 2022 #43

Funny how they never talk about who got us INTO Afghanistan. CaptainTruth Feb 2022 #28

Trump humpers NEVER seem to know 60 soldiers were killed when he was "prez" Skittles Feb 2022 #29

I point that out Mz Pip Feb 2022 #39

The FCC should fine them until they pull it. OneCrazyDiamond Feb 2022 #34

It's not obscene any more than someone saying "fork you" is obscene onenote Feb 2022 #48

Material can still be deemed indecent for FCC purposes even if it uses euphemisms or innuendo. SunSeeker Feb 2022 #57

Doesn't apply to political advertising. onenote Feb 2022 #62

The federal law against indecency applies to all TV and radio broadcasts. SunSeeker Feb 2022 #63

Fundamental law school stuff: onenote Feb 2022 #66

Another law school fundamental: avoid unreasonable results. SunSeeker Feb 2022 #69

That horse has left the barn and is several counties away. mahatmakanejeeves Feb 2022 #75

SNL airs after 11:30 pm, when "indecent" language is more tolerated by the FCC. SunSeeker Feb 2022 #77

It's a guy's name Polybius Feb 2022 #56

It's a euphemism for "F*** Joe Biden." It can and should be disallowed on TV. SunSeeker Feb 2022 #71

That is so low kimbutgar Feb 2022 #36

Well, I guess I missed it. OldBaldy1701E Feb 2022 #41

Didn't see it either Deminpenn Feb 2022 #76

Local not national spot and no censorship allowed onenote Feb 2022 #42

Federal law also prohibits indecent and profane content from being broadcast on the radio or TV. SunSeeker Feb 2022 #51

Doesn't apply to political advertising. onenote Feb 2022 #61

When lawyers tell a judge how long they've been practicing law, they're usually losing the argument. SunSeeker Feb 2022 #64

They won't do anything because they can't onenote Feb 2022 #67

Yes they can. Read the 1984 Luken Memorandum. SunSeeker Feb 2022 #68

Short answer: the Luken Memorandum has no legal effect onenote Feb 2022 #73

The lawyers on the staff at "Saturday Night Live" have found "Let's Go, Brandon" acceptable to air. mahatmakanejeeves Feb 2022 #74

The 1984 Luken Memorandum represents the FCC's well reasoned opinion. SunSeeker Feb 2022 #78

Again, you are mistaken in your assumptions. onenote Feb 2022 #80

The discussion of the legislative history in the Luken Memorandum is not mistaken. SunSeeker Feb 2022 #81

Vote Brandon 2024! Emile Feb 2022 #79