ALJ Won't Broaden Arm & Rage Hearing to Consider 1st Amendment Questions
FCC Administrative Law Judge Jane Halprin denied a request from broadcaster Arm & Rage to enlarge the issues in its license proceeding (see 2206170063) to include questions on whether the revocation for character reasons of the license for WJBE (AM)…
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Powell, Tennessee, would violate the First Amendment, said an order in Friday’s Daily Digest. The character requirement, “has been upheld by the District of Columbia Circuit as a rational means to evaluate whether someone possesses the requisite character to hold an FCC license,” said the order. Arm & Rage hasn’t been treated in a discriminatory manner, and “it is the Commission’s usual practice to initiate a hearing proceeding when a licensee has been convicted of a felony,” the order said. Arm & Rage's Joseph Armstrong was convicted of making a false statement on a 2008 tax form.