Quote:
Originally Posted by Waluigi
And the rules are completely arbitrary: indecent is whatever the FCC says it is, today. It doesn't matter that it's different from yesterday or tomorrow. If the FCC fines you, the only governing body you can appeal to is... wait for it... the FCC. So they're basically an independent agency who has complete and total authority to decide what is offensive on the public airwaves.
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The BATFE got smacked by the US Court of Appeals about a week or two ago for exactly this: It is within their remit to say what substances constitute explosives, and what do not. They go and say that ACPC is an explosive, and now everyone needs to follow explosive acquisition/handling rules. ACPC is a propellant almost exclusively found in model rockets, so the hobbyist organisations appeal to the courts.
The court said that they were quite happy to allow the BATFE to make its various decisions as they're the experts on the matter. However, the court upheld the modeller's appeal because the BATFE didn't present any declared standards beyond "Because we said so"
http://nar.org/pdf/2006OralArgumentDecision.pdf
Other organisations take note.
NTM