Rush Limbaugh has the right to say whatever he wants to say, he does not have the right, though, to do it on publicly regulated airwaves. The FCC has the responsibility to set standards,” Sharpton added.

Let’s get one thing straight. They are not “public airwaves”. They are used by the public but are not “public airwaves” in the sense that Congress has been granted a power to regulate them. Congress has never been granted power to regulate radio transmissions, and until the people have given their consent under Article 5 of our Constitution, by which a power is intentionally granted to Congress to regulate the “airwaves”, Congress has no power to delegate authority to the FCC to meddle in the transmission of radio waves.


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