No FCC action expected in Imus affair

By Rachelle Younglai

WASHINGTON (Reuters) - The Federal Communications Commission is not expected to take action over racist comments uttered by now-fired radio host Don Imus because of free-speech concerns, lawyers said on Thursday.

The FCC is barred from trying to prevent the broadcast of any point of view. The Communications Act prohibits the agency from censoring broadcast material, in most cases, and from making any regulation that would interfere with freedom of speech.

The agency received complaints after Imus referred to the Rutgers University women's college basketball team as "nappy-headed hos," on his morning radio program last week.

"Nappy" is a slur describing the tightly curled hair of many African-Americans and "ho" is slang for "whore."

Imus was dumped by CBS Radio on Thursday one day after he was dropped by MSNBC, which had broadcast his radio show on television and after several major advertisers backed out amid an outcry over the remarks.

The FCC has remained quiet throughout the affair.

The complaints "will go into the normal review process," FCC spokesman David Fiske said.

David Solomon, former FCC Enforcement Bureau chief and now a lawyer with Wilkinson, Barker & Knauer, said, "There are cases involving African-Americans, Jews, Muslims, that make clear that the FCC views the First Amendment as protecting racist speech.

"First of all there is no rule, and given their precedent, they have made it quite clear that it is protected by the First Amendment. They would have to overturn decades of precedent relating to the First Amendment," he said.

Jack Goodman, the former general counsel of the National Association of Broadcasters, said, "The truth is, in the current understanding of the rules, it is not in violation of any FCC rule."

The FCC bars radio and television broadcast stations from airing obscene material. Under the rules, broadcast stations can air profanity and sexually explicit content only during late-night hours when children are less likely to be watching or listening.

Fines can reach up to $325,000 per incident. The FCC's rules on profanity are being challenged in court by the major television networks and a ruling is expected soon.

Another provocative radio host, Howard Stern, left broadcast radio for satellite radio after numerous clashes with the FCC. Decency limits do not apply to satellite and cable services.

Reuters