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He crossed what line? Some arbitrary line set up by geezers at the FCC who fine Stern for things that get a pass on other stations? Sex shows masquerading as "help or therapy" like Love Line....those are on at 8-10 pm at night when most kids are alone in their rooms listening. Stern is on in the early morning when parents are there to supervise. Daytime talk shows discuss the most vile topics...that A-Ok with the FCC.

Who makes up these rules and draws the lines? If you agree that it is the people....then let the ratings decide. If people don't want the "trash"....then they won't listen. That is the free market....Not a few guys at the FCC deciding what is moral and right for my consumption.

Who makes up these rules and draws the lines? If you agree that it is the people....then let the ratings decide

For smut and porn its otherwise local law that controls. However, we ceded control of the airways to federal control and allowed them to regulate that by agreement.

Our alternative under the constitutution is to revert control back to the states. Let each state control by zoning who gets to broadcast on what signal and we solve the constitutional issues your raise regarding free speech. However you forget a few small details.

One detail is the broadcasts will be pure chaos while one broadcaster in one state fights with others in the neighboring states. And if the state doesn't regulate it then the chaos extends within the borders. However, that isn't the big problem for your version of free speech.

The big problem is that Howard Stern would be banned under each town/state's local laws. If it were not for the protection Stern has under the FCC his show would have been attacked by obscenity charges in so many local markets he would have been out of business long ago. Stern's show existed because of the federal control.

Stern crossed the line of minimum standards for decency. Those standards were comprised by the public and are enforced by the FCC.

I'd agree that all of the examples you gave are over the line. I'd bet that Stern's show gets far more complaints - that's why he gets so many fines.

Howard can take his show to a private forum and let the ratings decide if his standards are acceptable. He doesn't meet the standards set for a public forum.