A 1996 Federal Appeals Court decision is forcing DC TV stations to air “anti-abortion porn.” Missy Smith is a candidate for the DC congressional seat, though many people claim that she is simply an “anti-abortion extremist, who has found a cheap way to get some truly disgusting images onto daytime and primetime TV.” The 1996 federal appeals court decision prevents any censorship of election ads. Prior to this case, FCC Chairman Mark Fowler advised that “The no censorship prohibition in Section 315 was intended to override the statutory prohibition against the broadcast of obscene or indecent materials that is etched in Section 1464 of the Criminal Code” (cited in Gillett Communications v. Becker, 1992). Since the U.S. Supreme Court recently struck down the FCC’s “decency” regulations, freeing the airwaves for uncensored material, so it’s unlikely that Becker will be overturned soon. In the meantime, the video has been removed from YouTube because it violates its policy on “shocking and disgusting content.”

The National Organization of Marriage (NOM), a group opposing gay marriage, is trying to fund an ad in support of Carl Paladino in NY while skirting the election law requiring them to reveal their donors.  Accordingly, they have asked a federal judge to declare NY Election Law §14-100.1 unconstitutional, alleging that it chills their freedom of speech.  NOM would fall under the reporting requirement because they have the goal of “seeing the success of defeat of…political principle[s].” Continue reading