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FCC Reportedly Will Ban Another Four-Letter Word

V

voiceoflg

Guest
http://www.contactmusic.com/new/xml...ly will ban another four-letter word_23_02_06

"The FCC will ban from the airwaves "a common expletive for excrement" and issue some 40 indecency rulings during upcoming sessions, Bloomberg News reported today (Thursday), citing four unnamed FCC officials. According to the wire service, the rulings will include six fines and several sanctions against Fox, NBC, and CBS, the report said, noting that they are expected to help broadcasters "identify what constitutes an infraction." (A "common expletive for excrement" came first in comedian George Carlin's famous rendition of the "seven words you can never say on television," although the FCC has never formally specified which words are forbidden.)"

I've only been in the business ten years. But hasn't that word already been banned?
 
> I've only been in the business ten years. But hasn't that
> word already been banned?

A British slang term is shite (not to be confused with shiite).

Maybe it'll catch on here.

73s from 954<P ID="signature">______________
I'd rather go hunting with Dick Cheney --
Than go for a ride in Teddy Kennedy's car!
Official sticker:
http://www.cafepress.com/roadmaptopeace.47802483</P>
 
http://www.contactmusic.com/new/xmlfeed.nsf/mndwebpages/fcc%20rep> ortedly%20will%20ban%20another%20four-letter%20word_23_02_06
>
>
> "The FCC will ban from the airwaves "a common expletive for
> excrement" and issue some 40 indecency rulings during
> upcoming sessions, Bloomberg News reported today (Thursday),
> citing four unnamed FCC officials. According to the wire
> service, the rulings will include six fines and several
> sanctions against Fox, NBC, and CBS, the report said, noting
> that they are expected to help broadcasters "identify what
> constitutes an infraction." (A "common expletive for
> excrement" came first in comedian George Carlin's famous
> rendition of the "seven words you can never say on
> television," although the FCC has never formally specified
> which words are forbidden.)"
>
> I've only been in the business ten years. But hasn't that
> word already been banned?

I wasn't aware that it had ever been unbanned. Aside from "Saving Private Ryan",which was a special case, has it ever been used on network TV without eventually resulting in a fine?


>
 
http://www.contactmusic.com/new/xmlfeed.nsf/mndwebpages/fcc%20rep> ortedly%20will%20ban%20another%20four-letter%20word_23_02_06
>
>
> "The FCC will ban from the airwaves "a common expletive for
> excrement" and issue some 40 indecency rulings during
> upcoming sessions, Bloomberg News reported today (Thursday),
> citing four unnamed FCC officials. According to the wire
> service, the rulings will include six fines and several
> sanctions against Fox, NBC, and CBS, the report said, noting
> that they are expected to help broadcasters "identify what
> constitutes an infraction." (A "common expletive for
> excrement" came first in comedian George Carlin's famous
> rendition of the "seven words you can never say on
> television," although the FCC has never formally specified
> which words are forbidden.)"
>
> I've only been in the business ten years. But hasn't that
> word already been banned?

No word had been "banned" by the FCC until their Golden Globes "f**k" decision in 2004. I argued in a law school thesis that the FCC overstepped its bounds and committed a constitutional violation by totally banning that word and all its permutations. Under Pacifica and the FCC's own rules, broadcast indecency must be judged in context.

Although "banned" words make for expectation of what is and is not indecent, making such a pronouncement means the FCC is not applying the Pacifica test for indecency, and is restraining possibly constitutionally protected speech. That is, the regulation (banning "f**k" and "s**t") is overbroad and sweeps in too much speech.

This is a dangerous path to go down. On the one hand, hosts and broadcasters want to know what can or cannot be said; on the other hand, the Pacifica test which protects constitutionally protected speech on the airwaves, requires a contextual review of indecent statements. The hosts want it both ways, and they can't have it like that--they can know what is bad and give up some speech, or they can be judged in context, a free-er speech system but without the expectation of good-bad.

(This is all assuming that the hosts don't know what they can and can't say on the air. Longtime broadcasters and PDs told me in interviews for this thesis that the hosts do know what they can/can't say, and have known for years. In fact, as one PD told me, the station action pre- and post-Pacifica was exactly the same, no change at all. So, when Howard Stern said he didn't know what was banned or not, he does know and knew he passed the line, but admitting that doesn't make for good publicity or a satellite deal.)

The best bet is to replace the flawed Pacifica test (read: a new Supreme Court decision) with a test that either: (a) limits indecency to a certain catergory defined by the FCC (what is being done now, but without the constitutional infirmity) or (b) opens up broadcast communications to unregulated speech (the best suggestion, since Pacifica rested on the erroneous "pervasive" nature of broadcast signals).
<P ID="edit"><FONT class="small">Edited by Johnny Morgan on 02/28/06 04:56 PM.</FONT></P>
 
http:/> /www.contactmusic.com/new/xmlfeed.nsf/mndwebpages/fcc%20rep>
> ortedly%20will%20ban%20another%20four-letter%20word_23_02_06
>
> >
> >
> > "The FCC will ban from the airwaves "a common expletive
> for
> > excrement" and issue some 40 indecency rulings during
> > upcoming sessions, Bloomberg News reported today
> (Thursday),
> > citing four unnamed FCC officials. According to the wire
> > service, the rulings will include six fines and several
> > sanctions against Fox, NBC, and CBS, the report said,
> noting
> > that they are expected to help broadcasters "identify what
>
> > constitutes an infraction." (A "common expletive for
> > excrement" came first in comedian George Carlin's famous
> > rendition of the "seven words you can never say on
> > television," although the FCC has never formally specified
>
> > which words are forbidden.)"
> >
> > I've only been in the business ten years. But hasn't that
>
> > word already been banned?
>
> I wasn't aware that it had ever been unbanned. Aside from
> "Saving Private Ryan",which was a special case, has it ever
> been used on network TV without eventually resulting in a
> fine?
>
>
> >
>
I recall an episode of "Chicago Hope" from several years ago in which Mark Harmon's character uttered the phrase, "s**t happens". This was a CBS show(cough, cough). I don't remember whether they were fined for it or not.<P ID="signature">______________
"I look out for me and mine."-Capt. Malcom "Mal" Reynolds in Serenity</P>
 
> I recall an episode of "Chicago Hope" from several years ago
> in which Mark Harmon's character uttered the phrase, "s**t
> happens". This was a CBS show(cough, cough). I don't
> remember whether they were fined for it or not.
>
As far back as the mid 80s, KTXH Channel 20 in Houston and KDFI Channel 27 in Dallas used to show movies during the day on weekends with the "S-word" uncensored.

Never heard anything about them being fined for it.<P ID="signature">______________
Richard Head - formerly known as Dr. Johnny Fever.
"Give a larbage, throw out your garbage." - Gary the No-Trash Cougar
</P>
 
> A British slang term is shite (not to be confused with
> shiite).
>

So is arse with an r.
The Aussis also say mucked up, get stuffed, (typically to a female) and I shagged her last night. Remember Austin Powers: The spy who shagged me?

In most countries where they drive on the correct side (as opposed to the right side) of the road, being "pissed" is being drunk, not being upset.
<a target="_blank" href=http://www.pi55.com>This</a> is a real beer from down under. The only thing missing is the .au at the end of the URL.
A beer called pi55 would not do well "up over".<P ID="signature">______________
Proud 2 B a pioneering satellite radio subs¢riber
Ai4i is always on the trailing edge of technology
______________</P>
 
>
> I've only been in the business ten years.
> But hasn't that word already been banned?

Depends on what "that" word is.
The article fails to identify it.<P ID="signature">______________
Proud 2 B a pioneering satellite radio subs¢riber
Ai4i is always on the trailing edge of technology
______________</P>
 
More words for the Friendly Candy Company

> > A British slang term is shite (not to be confused with
> > shiite).
>
> So is arse with an r.

Yes, I've even used that here. Learned it from Viz magazine.

> The Aussis also say mucked up, get stuffed, (typically to a
> female) and I shagged her last night. Remember Austin
> Powers: The spy who shagged me?

Uff-cawss.

> In most countries where they drive on the correct side (as
> opposed to the right side) of the road, being "pissed" is
> being drunk, not being upset.

I knew that one. Could I have learned that from Croc Dundee?

> This is a real beer from down under. The only thing missing
> is the .au at the end of the URL.
> A beer called pi55 would not do well "up over".

Heard it. Never used it in other than the USA context.

I've learned some good Brit slang from Benny Hill and
Monty Python. (Maybe even Mr. Bean. Nah!)

If you like cockney rhyming slang, see the hilarious
Cary Grant movie, Mr. Lucky. And it actually figures
into the plot; it's not just thrown in.

Hint: bottles and stoppers = coppers (police)

Maybe you've heard cockney rhyming slang on Monty
Python... like naughty bits = _ _ _ _ (fill in blank).

73s<P ID="signature">______________
"I hope that when you're my age you'll be able to say, as I have been able to say: we lived in freedom, we lived lives that were a statement, not an apology" ... Ronald Reagan
</P>
 
Re: More words for the Friendly Candy Company

Several Networks had aired Forest Gump....... and there is a scene when a Guy asks for an Idea and falls into some mud and Forset says " Shit Happens" I forget the Network( not a cable channel)and It was not bleeped out... I think thats the only time in the movie its said...
 
Neither the "F-word" or the "S-word" have been banned. The Commission has ruled that these two words, and perhaps more yet-to-be-named words, are indecent and/or profane in all contexts. Courts have previously ruled that indecent speech is Constitutionally protected, but can be channeled to times of day when children are not likely to be in the audience. Therefore, indecent/profane words can be broadcast without fear of FCC reprisal during the "safe harbor" period of 10 p.m. until 6 a.m. The courts have ruled that obscene speech is not protected under the First Amendment. Obscene speech cannot be broadcast at any time.
 
Exactly correct statement.But what I question is whether the FCC's de jure characterization of "f" and "s" as indecent in all contexts is constitutional. By declaring ad initio that they are indecent, in all contexts, the Commission is not conducting a contextual review as required by Pacifica. This seems to be taking the Commission's task under Pacifica to easy street.I'm not sure the Golden Globes ruling is constitutional--even if it's channelled to post-10pm. The FCC is abrogating their Pacifica responsibilities to look at context by declaring some words already indecent at any time. That cannot be right.
 
Johnny Morgan said:
Exactly correct statement.But what I question is whether the FCC's de jure characterization of "f" and "s" as indecent in all contexts is constitutional.

The correct answer, of course, is no. They do not have the "Constitutional authority" to do anything. They have Congress' permission as well as the USSC's permission, but I don't recall there being anything in the Constitution giving the government the authority to regulate anything in this regard.
 
Well, that's a bit obtuse--the Supreme Court has been accepted as the final arbiter of constitutional interpretation, and it has repeatedly, going back to 1943 (NBC) and 1969 (Red Lion), held that the FCC has the authority to regulate broadcast licensees, and restrict speech on broadcast outlets. Pacifica recognized constitutional limits to this.

If Congress has the power to regulate broadcast airwaves, and can delegate that power to the FCC--all constitutionally appropriate--the Constitution doesn't need to say anything about government regulation of broadcast speech. The Congress, the President/executive branch and the Courts have all agreed it is constitutionally appropriate for the FCC to do so, provided constitutionally-protected speech is channelled to non-child listening/viewing hours (see Pacifica).

Going one step further, Congress has the power to set up the FCC and permit it to regulate under the Commerce Clause, regulating interstate commerce of wire and radio communications. That's all the constitutional authority the Congress needs, and from it flows directly the FCC's power to regulate.
 
Johnny Morgan said:
If Congress has the power to regulate broadcast airwaves, and can delegate that power to the FCC--all constitutionally appropriate--the Constitution doesn't need to say anything about government regulation of broadcast speech.

Which is exactly why Congress and the USSC ignored the 10th Amendment in making that determination.

Going one step further, Congress has the power to set up the FCC and permit it to regulate under the Commerce Clause, regulating interstate commerce of wire and radio communications.

Yes it has the power, just not the Constitutional authority. It was given the power by taking it and then the USSC stood by them and the sheople did nothing about it.

The "Commerce Clause" gives Congress no authority to meddle in private business affairs, only in the affairs between states. The USSC told them they could ignore the Constitution and screw up whatever they wanted.

The problem is that the USSC has decided it should "interpret" the Constitution instead of just read it, accept what it says and rule accordingly. That way they can "interpret" it into saying what ever they want.
 
The "Commerce Clause" gives Congress no authority to meddle in private business affairs, only in the affairs between states.

Fatally incorrect. The Commerce Clause gives the sole power to regulate interstate commerce--that is, ANY commerce between states, private or public--to the federal government (and Congress). The states may not and cannot regulate interstate commerce, to the point that even otherwise valid state policy enactments (like a tax) could be unconstitutional if it unfairly burdens interstate commerce. It does not regulate commerce solely between the states as actors themselves--that would be absurd, as states were not in "business" until the latter half of the 19th century (other than land grants). The Commerce Clause was meant to stop the insanity of state-by-state tariffs, taxes, permits, stamps, etc. that prevailed in the confederated states between 1781 and 1787. As a result, commerce almost completely stopped and that which did flow caused a massive economic recession that almost led to the newly-independent United States to ask Britian for its grace again.

The Commerce Clause does give the federal government the constitutional authority to "meddle" in private business. The government may not impair contracts, but it may regulate interstate business. Because airwaves, and the commerce they conduct, travel between states, it is wholly within the Congress' and federal government's power to regulate those airwaves.

The Tenth Amendment is not a restriction upon the Commerce Clause because the Tenth Amendment only concerns powers not delegated to the United States. The Commerce Clause is a power wholly and singularly delegated to the United States--Article I, Section 8, clause 3.

The Supreme Court didn't tell anyone they could "ignore the Constitution" nor "screw up whatever they wanted"--this is a wholly constitutional exercise of power by the federal government, and in fact, there was very little the Supreme Court could do otherwise. The Commerce Clause is a grant of power to the federal government, and it may realistically regulate all that has a substantial relation to interstate commerce. There is no reasonable person who can say honestly that broadcast radio is not engaged in and a means of interstate commerce.

The Supreme Court does "interpret" the Constitution, and it also reads it. You must be a Justice Scalia follower, and I admire that. His textualist approach is very important, and the backbone of all statutory and constitutional analysis. However, even Scalia does and has recognized the authority in the Constitution for the federal government to regulate wire and radio communications. It is a clear, valid, and important interstate commerce regulation. There is no interpretation going on--it is a plain reading of the statute (the 1934 Communications Act) in conjuction with a valid exercise of constitutional authority.

Now, whether the federal government *should* regulate broadcast communications is a policy argument. But the fact that maybe it shouldn't does not mean that its regulation is unconstitutional.

Furthermore, the Court in Pacifica was probably incorrect in saying that the Commission may regulate indecent speech--speech that is otherwise constitutionally protected. Although the Tenth Amendment has no bearing on the FCC's constitutional authority to regulate broadcast communications, the First Amendment does, and government regulation of content (even under a co-equal constitutional provision) must meet its stringent requirements. Justice Stevens did "interpret" the First Amendment when deciding that case, and it is becoming increasingly clear that he interpreted it wrongly almost 30 years ago. Indecent speech was placed on a separate pillar by Stevens: it's more protected than obscenity (which has NO protection), but is less protected than political speech (which has almost universal and immunable protection). If the First Amendment is to have any force, it cannot be subjected to different calibers of speech based upon content. If so, it opens the door for numerous pillars of varying protection--how to know know what to say, where, when, how, and to whom. That's a bad way to run a railroad, so to speak.
 
Johnny Morgan said:
The "Commerce Clause" gives Congress no authority to meddle in private business affairs, only in the affairs between states.

Fatally incorrect. The Commerce Clause gives the sole power to regulate interstate commerce--that is, ANY commerce between states, private or public--to the federal government (and Congress).

It does not. If you read it, it in no way states they have any authority over individuals or their business dealings. "Among the several states" is not the same as "among the citizens of the several states".

It does not regulate commerce solely between the states as actors themselves--

That is exactly what it says.

The Supreme Court didn't tell anyone they could "ignore the Constitution" nor "screw up whatever they wanted"

Every time the USSC upholds another peice of legislation that is outside the enumerated powers granted the federal government (like overreaching the language of the Commerce Clause), they are doing just that.

The Supreme Court does "interpret" the Constitution, and it also reads it.

Ok, they may read it, but they sure as hell don't pay any attention to it wghen they rule, usually.

You must be a Justice Scalia follower, and I admire that.

No, don't know anything about him (or any of the justices, for that matter).

Now, whether the federal government *should* regulate broadcast communications is a policy argument. But the fact that maybe it shouldn't does not mean that its regulation is unconstitutional.

The fact that the Constitution forbids its meddling, should prohibit regulation.
 
It does not. If you read it, it in no way states they have any authority over individuals or their business dealings. "Among the several states" is not the same as "among the citizens of the several states".

No, it is not the same because you have added the phrase "the citizens of". But as drafted, and as read by every Founder, Congressman, President, Supreme Court justice, and nearly every citizen (except, apparently, you), "among the several States" is read as commerce carried out between citizens, entities, and businesses in the several states.

This is all an academic argument because no matter what your literal reading of the Constitution is, very few people (and no one in power now or in the last 219 years) have read the phrase the way you do. You're facing an uphill battle against what is, essentially, 219 years of law, practice, precedent, and constitutional theory, as well a republicanism and democratic governance.

Furthermore, to read it any differently would throw the country back into the mischief and illness of the confederate years (1781 to 1787), where each state regulated commerce that came into and out of its own state, with varying laws and regulations. In 1787, not a single state transacted its own business--so to read the "among the several States" language to mean commerce between the states themselves would be to give the clause an absurd and meaningless definition and interpretation, one which is and must be avoided. Words in the Constitution mean something--they cannot mean nothing. That is a basic tenet of constitutional and statutory analysis.

Words may not be read literally in the face of absurd results, otherwise how many phrases in the Constitution would have no meaning?

Here's what James Madison had to say in Federalist No. 42 (Madison wrote the Commerce Clause (Art. I, Sec. 8, cl. 3)):

The defect of power in the existing confederacy, to regulate the commerce between its several members, is in the number of those which have been clearly pointed out by experience. To the proofs and remarks which former papers have brought into view on this subject, it may be added, that without this supplemental provision, the great and essential power of regulating foreign commerce, would have been incompleat, and ineffectual. A very material object of this power was the relief of the States which import and export through other States, from the improper contributions levied on them by the latter. Were these at liberty to regulate the trade between State and State, it must be foreseen that ways would be found out, to load the articles of import and export, during the passage through their jurisdiction, with duties which would fall on the makers of the latter, and the consumers of the former. We may be assured by past experience, that such a practice would be introduced by future contrivances; and both by that and a common knowledge of human affairs, that it would nourish unceasing animosities, and not improbably terminate in serious interruptions of the public tranquility. To those who do not view the question through the medium of passion or of interest, the desire of the commercial States to collect in any form, an indirect revenue from their uncommercial neighbours, must appear not less impolitic than it is unfair; since it would stimulate the injured party, by resentment as well as interest, to resort to less convenient channels for their foreign trade. But the mild voice of reason, pleading the cause of an enlarged and permanent interest, is but too often drowned before public bodies as well as individuals, by the clamours of an impatient avidity for immediate and immoderate gain.

"[W]ith duties which would fall on the makers of the latter, and the consumers of the former." Madison has recvognized what everyone at the time recognized, and which everyone now recognizes--that the regulations, whether they come from the states or from the federal government affect the persons transacting business--those engaged in commerce, not the states themselves.

It does not regulate commerce solely between the states as actors themselves--

That is exactly what it says.

As I explained above, and before, there were no states as commercial actors in 1787. The clause did not apply to the states--it applied to commerce among the several States. The federal government, that is, can regulate commerce, not the states. That would be a serious Tenth Amendment issue (one which, admittedly, wasn't an issue in 1787, but was remedied by 1791).

Every time the USSC upholds another peice of legislation that is outside the enumerated powers granted the federal government (like overreaching the language of the Commerce Clause), they are doing just that.

But the power to regulate interstate commerce IS an enumerated power--it's in Article I, where all the other enumerated powers are located. But, you are somewhat correct--probably unwittingly so. The Supreme Court has taken the interstate commerce clause and molded it into something far beyond what the Founders' surely intended. There was no disagreement at all that the federal government should be able to regulate interstate commerce (your nascent objections aside). However, when the Supreme Court has upheld the federal regulation of wheat production for purely personal consumption (Wickard v. Filburn (1943)) and the federal regulation of medicinal marajuana for personal use (Raich v. Gonzales (2005))--actions that do not have a twinge of interstate commerce to them but "might" affect it, that is the Supreme Court "screwing up whatever they want". We agree there. But i doubt you had that in mind.

The fact that the Constitution forbids its meddling, should prohibit regulation.

But the Constitution does not forbid the federal government's "meddling" in broadcast communications. It endorses such regulation, and as such is not "meddling". Again, whether the federal government should regulate or not is a policy argument. Bringing in an absurdly myopic and limiting reading of the commerce clause does not advance that argument.
 
Johnny Morgan said:
No, it is not the same because you have added the phrase "the citizens of". But as drafted, and as read by every Founder,

No.

Congressman, President, Supreme Court justice, and nearly every citizen (except, apparently, you), "among the several States" is read as commerce carried out between citizens, entities, and businesses in the several states.

Yes, because almost every citizen believes whatever the government tells them to believe. That is why practically everyone was ready to go attack Iraq.


This is all an academic argument

It is because there is nothing we can do about it, Congress ignored the Constitution by taking thie power and the USSC backed them up, giving them that power.

because no matter what your literal reading of the Constitution is, very few people (and no one in power now or in the last 219 years) have read the phrase the way you do.

Because politicians do not like to give up power, no matter how ill gotten it is.

In 1787, not a single state transacted its own business

Then who do you think did?

--so to read the "among the several States" language to mean commerce between the states themselves would be

to read it as written

Words in the Constitution mean something

They used to and they should, but they do not, anymore!

Words may not be read literally in the face of absurd results, otherwise how many phrases in the Constitution would have no meaning?

Here's what James Madison had to say in Federalist No. 42 (Madison wrote the Commerce Clause (Art. I, Sec. 8, cl. 3)):

The defect of power in the existing confederacy, to regulate the commerce between its several members, is in the number of those which have been clearly pointed out by experience. To the proofs and remarks which former papers have brought into view on this subject, it may be added, that without this supplemental provision, the great and essential power of regulating foreign commerce, would have been incompleat, and ineffectual. A very material object of this power was the relief of the States which import and export through other States, from the improper contributions levied on them by the latter. Were these at liberty to regulate the trade between State and State, it must be foreseen that ways would be found out, to load the articles of import and export, during the passage through their jurisdiction, with duties which would fall on the makers of the latter, and the consumers of the former. We may be assured by past experience, that such a practice would be introduced by future contrivances; and both by that and a common knowledge of human affairs, that it would nourish unceasing animosities, and not improbably terminate in serious interruptions of the public tranquility. To those who do not view the question through the medium of passion or of interest, the desire of the commercial States to collect in any form, an indirect revenue from their uncommercial neighbours, must appear not less impolitic than it is unfair; since it would stimulate the injured party, by resentment as well as interest, to resort to less convenient channels for their foreign trade. But the mild voice of reason, pleading the cause of an enlarged and permanent interest, is but too often drowned before public bodies as well as individuals, by the clamours of an impatient avidity for immediate and immoderate gain.

"[W]ith duties which would fall on the makers of the latter, and the consumers of the former." Madison has recvognized what everyone at the time recognized, and which everyone now recognizes--that the regulations, whether they come from the states or from the federal government affect the persons transacting business--those engaged in commerce, not the states themselves.

It only gives the authority to regulate the state's action not the private business' actions.

But the power to regulate interstate commerce IS an enumerated power--it's in Article I, where all the other enumerated powers are located. But, you are somewhat correct--probably unwittingly so. The Supreme Court has taken the interstate commerce clause and molded it into something far beyond what the Founders' surely intended. There was no disagreement at all that the federal government should be able to regulate interstate commerce (your nascent objections aside).

Depending one your definition of "interstate commerce". If you are using the term as outlined in the clause, you are correct, if you are using it to include private business commerce, you are wrong.

However, when the Supreme Court has upheld the federal regulation of wheat production for purely personal consumption (Wickard v. Filburn (1943)) and the federal regulation of medicinal marajuana for personal use (Raich v. Gonzales (2005))--actions that do not have a twinge of interstate commerce to them but "might" affect it, that is the Supreme Court "screwing up whatever they want". We agree there. But i doubt you had that in mind.

That is all part of it. Even if that wheat or pot (whether "medicinal" or not) crosses state lines.

But the Constitution does not forbid the federal government's "meddling" in broadcast communications.

Not specifically, because, it doesn't have to. However, the Ninth and Tenth Amendments do it on a general basis.

Again, whether the federal government should regulate or not is a policy argument.

"Should" would nonexistant if the Constitution was obeyed, except as used in terms of following the proper course of trying to pass an amendment to give them the Constitutional authority to control such private business dealings. In today's climate of high ignorance, they probably wouldn't bee too difficult to do, anyway!
 
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