In the news: Lawyer says FCC shutdown of radio free brattleboro was illegal

[DJboutit2]

(From the A-P)

A lawyer for the unlicensed radio free
brattleboro says the Federal Communications Commission's shut down
the station illegally last week.
Brattleboro attorney James Maxwell wants the FCC to return the
station's broadcast equipment.
He also wants the government to guarantee that it will not raid
the station again until a pending court case is resolved.

http://www.boston.com/news/local/ve..._wants_fcc_to_return_radios_equipment?mode=PF <P ID="signature">______________
Radio Pirates Forum http://www.phpbbforfree.com/forums/index.php?mforum=radiopirates Phat Beats Radio http://209.82.178.23:9000/listen.pls 128kbps http://209.82.178.23:9100/listen.pls 56kbps</P>

 

[tpt]

From this rather vague article I gather that this attorney is arguing that an action before a state court trumps an order from a Federal district court?

I rather doubt that.

Where a Federal court declines to act, a state court may go forward.

Once the Federal court acts, in a Federal matter such as the regulation of intereference (which is obviously intimately related to interstate commerce, especially for an illegal station operating in a piss-ant state like Vermont),
the state court must step aside.

 

[radiomike]

> (From the A-P)
>
> A lawyer for the unlicensed radio free
> brattleboro says

It is all summed up in this sentence...A Lawyer (insert your own comment here), for a rule breaking entity, has an opinion, that the FCC was wrong....