Congressman Michael G. Oxley Fourth Ohio District OXLEY RIPS FCC ACTION AS UNCONSTITUTIONAL RESTRICTION ON RELIGIOUS SPEECH 
FOR IMMEDIATE RELEASE
JANUARY 6, 2000
 
WASHINGTON -- Today, four members of Congress, led by U.S. Rep. Michael G. Oxley (R-Findlay) ripped a recent action by the Federal Communications Commission (FCC), calling it an "unconstitutional restriction on religious speech."
 
"Simply put, the FCC is trying to make religious broadcasting less religious," Oxley said today.  "The action specifically targets religious broadcasters and seeks to manipulate their programming content so it will be more to the liking of the FCC, all in the name of education.  This suppression of speech cannot stand in a free society."
 
Reps. Oxley, Largent (R-OK), Pickering (R-MS), and Stearns (R-FL) wrote letters to Vice President Al Gore and FCC Chairman William Kennard protesting a recent FCC decision that would exclude traditional religious programming from being counted as educational for purposes of meeting FCC requirements for non-commercial licenses.
 
In part, the members’ letter reads, "The Commission has no business -- no business whatsoever -- singling out religious programming for special scrutiny.  The policy you have instituted amounts to an unconstitutional restriction on religious speech.  This type of content regulation and suppression of religious expression is utterly unacceptable."
 
Non-commercial television licenses are intended to serve the educational and cultural needs of smaller audiences and under-represented populations.  They are required to devote a minimum of 50 percent of regularly scheduled broadcasting to educational programs.  General educational programming had previously been defined as having its primary purpose be to meet "educational, instructional or cultural needs of the community."
 
Commissioners Furtchgott-Roth and Powell dissented from the 3-2 decision, which came during an adjudicatory proceeding concerning a television license swap.
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