October 28, 2020

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

FCC controls Verizon, T-Mobile, AT&T and stops other competition (via highest bidder airwaves rather than local citizen freedom of speech), which in turn control Google & Apple operating systems on their phones, which in turn control their respective app stores, which in turn control Twitter and Facebook. Any power given to FCC by US Congress therefore applies the First Amendment all the way down to Twitter and Facebook via those lines of restrictive control. In practice, we see exactly these limitations against free speech, with real competitors locked out by that chain of restrictive control enforced by FCC, an agency with authority from laws written by Congress; even Gab is banned from app stores! Therefore, the First Amendment, because of the FCC, applies to those companies and their restrictive "products": they are government made monopolies of power and control everything.

From FCC Rulemaking Process: "The FCC issues a legislative rule under authority given to it by Congress in statutes. The statutory delegation of authority can range from broad discretionary authority to a very specific mandate. For example, Congress broadly requires the FCC to grant broadcast licenses in the public interest. In contrast, Congress specifically required that the FCC complete the switch from analog to digital television broadcasting by a certain date."

When we get crypto-blockchain backed free speech messaging systems, we still have the problem of FCC restricting radio waves. In the last few years, FCC made neat dynamic use frequencies, which sounds like a theoretical step in the correct direction, but in implementation, they mandate monopoly frequency assigner companies, effectively once again putting centralized control over speech, so they almost succeeded but actually failed to open radio to free speech.

This has been from the FCC history since 1980s. Look it up! Fill out the details with your own study. You will see that I'm right.