to date, the fcc has never made a substantive ruling on that case. even though the fcc's own decisions say that they will decide program access complaints within five months and the d.c. circuit court of appeals is scrutinizing the fcc's delay in acting on our program access complaint. nonetheless, 20 some months have passed without substantive action by the fcc so tiny sky angel remains injured by the unfair programming decisions of multi-billion dollar discovery communication and its affiliated program distribution interests. we believe that our experience with starting, operating an innovate nif new family oriented distribution service shows there is anti-competitive conduct in the industry and significant problems with the manner in which the fcc is failing to enforce program access laws and regulations so that a valuable new competitive entrant is facing unfair discrimination. the program access requirements under the 1992 cable act require fair treatment of competitors such as sky angel but those requirements are not being enforced. the will of

a third case, fcc against fox television stations. asked whether the fcc's current indecency policy violates the first or fifth amendment. the paris hilton's of this world, my law cloerks told me, eagerly await the decision. it is beyond my comprehension, i told my clerks, how the fcc can claim jurisdiction to ban words spoken in a hotel on french soil. the case came to us on a return trip in fox 1, we held that the fcc did not violate the administrative procedure act act when it altered its long standsing decency policy to regulate the broadcast of fleeting expletives. the "we" did not include me, i dissented, with justices stevens suter and bryer. they court remanded the case to consider the constitutionality of the fcc's newly minted fleeting expletive policy. the court of appeals did so and struck down the fcc's broadcast indecency policy in its entirety, not simply as applied to fleeting expletives. the policy, this circuit panel majority concluded, was void for vagueness. we accepted the defendant's petition for review. during t

cher used a word that the fcc doesn't like on television.her, we can say whatever we want. and thanks to an episode of "nypd blue" the supreme court also ruled that nudity is now okay on tv, too. the big victory for the first amendment is coming up in "the rewrite." and later, the shocking story of a real war being waged on women in the american military. the most dangerous enemy they face are the sexual predators in our military who have assaulted military women serving around the world, including the marines who stand guard at the white house. that's. co-ing up. [ female announcer ] did you know the average person smiles more than 50 times a day? so brighten your smile a healthy way with listerine® whitening plus restoring rinse. it's the only rinse that makes your teeth two shades whiter and two times stronger. ♪ listerine® whitening... power to your mouth. who have used androgel 1%, there's big news. presenting androgel 1.62%. both are used to treat men with low testosterone. androgel 1.62% is from the makers of the number one prescribed

carrier service. >> host: where does the ftc intersect with the fcc on issues? dodo you work with the other commissioners? how does that work? >> guest: so the ftc and the fcc do work together on a number of issues, right now particularly on privacy issues. the do not call rule which the ftc played an important role in, the fcc has a role in as well. any issues involving advertising, certain billing issues, the ftc has work with the the fcc on addressing cramming issues. now, the ftc can't reach a common carrier, but they can reach somebody else in the chain that can be involved in cramming unauthorized charges on consumers. >> host: you've mentioned privacy a couple times, and the ftc is the lead agency when it comes to privacy. >> guest: yes. >> host: what is the status? the latest privacy report came out with the ftc, but did you sign onto it as a new commissioner? >> guest: i did not. that was issued before i came on the commission. basically, the ftc is primarily an enforcement agency and has brought in, many good cases in the consumer privacy area and has

cher used a word that the fcc doesn't like on television.hanks to cher, we can say whatever we want. and thanks to an episode of "nypd blue" the supreme court also ruled that nudity is now okay on tv, too. the big victory for the first amendment is coming up in "the rewrite." and later, the shocking story of a real war being waged on women in the american military. the most dangerous enemy they face are the sexual predators in our military who have assaulted military women serving around the world, including the marines who stand guard at the white house. that's coming up. good morning! wow. want to start the day with something heart healthy and delicious? you're a talking bee... honey nut cheerios has whole grain oats that can help lower cholesterol. and it tastes good? sure does! right... ♪ wow. delicious, right? yeah. it's the honey, it makes it taste so... ♪ well, would you look at the time... what's the rush? be happy. be healthy. mcallen, texas. in here, heavy rental equipment in the middle of nowhere, is always headed somewhere. to gi

i would point out that the statement of former fcc commissioner michael j. comps, accompanying that order and being the source for the minority ownership percentages that i cited earlier. and with that, mr. chairman, i yield back the balance of my time. >> gentleman yields and there's no objection to the gentleman's unanimous consent motion. so that will be entered. now the gentleman from massachusetts, mr. markey. >> thank you very much. mi mi miss sohn, can you tell us about the telecommunications marketplace? so it will have negative effects both for competition and consumers, and one is that because there are these side agreements, and there was a spectrum sale and affiliated side agreements. one is a marketing agreement and one is a reselling agreement and basically it is an agreement between the cable companies to lay down arps and no longer compete in the video and wireless marketplace and verizon and at&t will get the wireless and it will get the wire line industry to themeses and there's the joe operating entity and that's an agreement between the f

he was first appointed to his fcc by president bush, george w. bush, in 2006 and reappointed to the commission in 2009 becoming the first republican to be appointed to an independent agency by president barack obama. now prior to becoming an fcc commissioner, commissioner mcdowell served as senior vice president for the competitive telecommunications association. we had responsibilities involving advocacy efforts before congress, the white house, and executive agencies. now, i'm not going to -- in light of what i said, i'm not going to tell you where all these guys went to school and all of that.

the fcc is currently considering the question of what is a multi channel video program distributor. these seemingly simple questions have far reaching implications. who has program access? who pays retransmission consent fees? we believe it only makes good sense for the existing retran consent and exclusivity rules to be applied to all new entrants. as an industry that creates content or requires the right to content, it is imperative we have the right to negotiate over how our content is distributed. congress should reject any erosion of the bed rock principles of retransmission consent and market exclusivity because they are essential to our uniquely local system of broadcasting. broadcast television is an indispensiblely important part of today and tomorrow's video ecosystem. as evidenced by our recent multi billion dollar investment throughout the digital transition american broadcasters are prepared to play a major role in the advancement of video services as we look down the road. i look forward to answering your questions when the remarks have been concluded. >> thank you, mr

i think the fcc should be broken down. i know that we have them anymore. think is fair, not at all. guest: i think there is a difference between what an individual might say on their own home versus white broadcaster might say that as you make publicly granted access to every living on the country at a time day rheumatism is it so the bridge showed lee han. -- to everyone living in the country. what is at stake is what the law says in terms of what people who have enormous power to communicate have the ability to do. host: we're talking with a public policy director of the parents television council who is responsible for advancing their mission to federal, state, and locally elected and appointed officials and the federal communications commission and promoting his goals with allied organizations including parents and media guide representatives. and you're dealing with the fcc, do you feel they are getting the message from groups like theptc? guest: if you looked at what people communicate to the fcc about, there's a huge swaths of -- swath of things the

in this case about the project does meet fcc guidelines. the commission does not have the ability to deny project -- the project if it complies with fcc guidelines. for those who showed up today, i can put them in contact with the department of public health, who has reviewed our reports bridey's -- by the project sponsor. i received the petition yesterday after the packets went out for the reports. but i can definitely put them in touch with dph afterwards. >> yes, please do. thank you. >> -- commissioner moore: would you also please explain to those people who spoke, what is available for them if they have concerns about their location? so that once the antennas are installed, there is a way of giving them the personal benefit of other reviewers. >> after the installation of the antennas? commissioner moore: yes. >> there are conditional approvals tied to the project peripatetic -- the project. one of the conditions is that they have to have a liaison. they can contact the community liaison directly if they have concerns. >> perhaps let t

even the fcc's data on video competition is six years out of date, let alone the regulations. the laws of economics also encourage diversity. companies that can't provide the same services or content at cheaper prices strive to offer different services or content. that's what we call innovation. many regs by contrast drive everything to the lowest common denominator. if everyone is entitled to whatever content is popular at the moment, why would anyone risk investing in something brand new. if everyone is entitled to the fruits of your labor, whether that's your distribution platform or your content, you're less likely to invest as much. indeed, differentiation is often a leading driver of competition. so for example, many attributed the exclusive availability of the football sunday ticket on directv as a prime source of that satellite tv provider's growth. this in turn forces other players to invest in different content, develop better services or lower prices. regulations in that space will only decrease economic activity. if particular behavior were economic, there would be

because something i'm actually quite proud of you for, because as chairman of the fcc, i tried it. every chairman i know has tried it, and failed. and that's to reform the universal system. while there's efforts to try to undermine what you do, i wanted to publicly both commend you for it, and i think you've struck a very positive balance, and give you the last word, of what i think is one of your most crowning achievements. >> the first thing i must say is it's an achievement of the entire commission, because it wouldn't have happened if all the commissioners together in a bipartisan basis didn't support the goals that we laid out for universal service. for people who don't follow the ins and outs of this, fundamentally what we did, and what others had sought to do, was transform a universal service system that was focused on telephone service. to one that's focused on broadband. moving from the 20th century named communications platform to the 21st century named communications platform, and do it in a way that recognizes the fiscal constraints that we're all under in a government

>> we first went through a waiver process this year and were denied that by the fcc and went into the rule-making process that was complete. in a sense, all of the comments are in from all of the parties who might be affected here positively or negatively by the entry into the wireless business and now it's just -- and the rule making has to be decided by the full commission and the five commissioner to make a decisions and we're hopeful they can do that by the end of the summer, other than time and realize the fcc has an awful lot on their plate as michael can speak to when he was there. perhaps other than time, they have all of the facts to approve it so we're hopeful they'll do that by the end of the summer and that unleashes 40 megahertz of spectrum and a huge investment in this industry and jobs at a time when, you know, a lot of companies are hoarding their cash because other than certainty out there we're certainly hoarding our cash because we're waiting the fcc uncertainty. it's a business where business and government can work together to do the right thing for consumers and

when i became chairman of the fcc, ajit was still in the general council's office. >> i think jessica worked for me at one point. it's great to have you. you know, if you could tell, you've been here for a little while. the cable industry is very focused on innovation. even though it's sort of an overused word, we believe we're struggling hard to be on the cusp of the next explosion, creative in our products and services. and i just wondered whether that's some of the things that have interested you most about what you see in the innovation around video? >> absolutely. i don't think innovation is an overused word. i'm excited about the innovation that we're seeing across the broadband economy. if i could start at a higher level. across the board, we're seeing tremendous innovation, and investment in networks, wired and wireless, in apps, in a number of important areas. america is back. we've regained world leadership. on the wired side, you know, here's something that i think most people don't really appreciate. three years ago, cable broadband networks had -- we were only 12% were ca

i want to emphasize that it's really important for congress and the fcc to know how data caps are set and how they're evaluated and comcast just raised the cap for the first time in four years from 250 gigabytes to 300. why did it take so long with the explosion of video. so we don't think usage-based billing is inherently bad and it can be abused and it's very, very important to know how they're used. >> okay. mr. powell, let me come to you, you might want to respond to that and i want to ask you also to talk a little bit about mfn and the most favored nation status and looking that the plus the alternate distribution method clauses that are there. in nashville with a lot of the entertainers, they understand an mfn approach when they're doing shows and so with a lot of the content producers and with people pushing content forward, we have the adn approach and if you want to answer the question and the second question, that would be great. >> first, i'd like to highlight something she did say and echoed by the country's leading regulator, both the chairman of the federal trade commiss

the fcc went too far for finding network some of the nudity and profanity. cbs was fine for the genentech's and super bowl incident. it was also based on a share and nicole ricci and nypd blue. >> it is not so [beep] simple. >> they said they need to be more consistent here they can make rules that have to apply them evenly and must do a better job of saying what they are. new information for credit card users. the consumer financial protection bureau lost an online database of complaints against credit cards. consumers can see what kind of complaints of been filed against any bank that issues credit cards. in a charge complaints by zip code and see how the banks responded. still ahead tonight a limo pulls up to an elementary school given the proper r.o.t.c. treatment. who gets out is not who you might expect. >> a d.c. honor was killed inside her own business was remembered today. she was shot behind the front counter during a suspected robbery. in the district there is widespread damage and lange during power outages after the storm. thankfully nobody was

we were denied that waiver by the fcc. we went to a rule making process that is complete and the sense all the comments are in from all the parties who might be affected he their positive or negative way by entering into the wireless business. the rule making is now having to be decided by the commission. we are hopeful they can do that by the end of the summer. they have allme rejecte the facts to approve it here we are hoping by the end of the summer. the unleashes 40 megahertz of spectrum. of course a huge investment in this industry and jobs at a time when a lot of people are hoarding cash. they are waiting on the fcc uncertainty. it can alleviate that problem. it is a case where businesses and government can work together to do the right thing for consumers and also unless productivity and investment in the united states. what's the chair now recognizes the gentle lady from colorado. >> thank you very much. sitting here listening to this testimony reinforces my view that the consent issue is a messy issue. there is no

>> right, but the fcc database, if it ever makes it online, will not be searchable. they bowed to the broadcast's demand on that, so the industry will be able to put in the data in whatever format they want, but it will still be better than having to go physically to the stations. and to some extent, it's hard to know what we'll be able to find out from this information until we see it, but there has been some interesting reporting going on around the un. in michigan, for example, there was a story based on a reporter going to the stations, that showed you had five conservative anti-obama groups that were using the same ad buyer and doing a sort of relay race style of ad buying, where one group would buy one week and the next the next week. >> so it was a pooling of resources by taking it one week at a time. so that would not have been obvious, because it looked like it was five independent groups. >> this propublica plan on doing this certain open-ended terms. see what you get and see how useful you can make the information? what's your plan? >> certainly. we're goi

you look at the fcc i think their rule makings are at some level getting better. i think that sort of judicial review is very important. and particularly on this, it's important that there be an atmosphere of nonretaliation to a company or entity that challenges -- you can understand why no one wants to challenge an sec rule. they fear what the next step is going to be, what the next investigation is going to be. ftc a similar conspiracy and challenges to ftc rule making. i think that's effective judicial reviews an important piece of this regulatory state when you think about technology. finally i throw out, by international harmonization. we operate in essentially every country except dictatorships. we would love to operate there, but we are blocked. we're forced to deal with a patch work of hundreds of countries' rules addressing the same general dwrair. that's a challenge. that's a major check on innovation. those are some observations. >> i have a million questions which i will happily ask if you don't. >> i want to make one comment to about what particularly

>> the ftc and fcc work together on a number of issues. right now, they worked together on privacy issues. we work on telemarketing issues. the do not call rule, which the sec played a great role in as well. any issues involving advertising, certain billing issues, we have worked on addressing those issues. the ftc can't reach a common carrier, but they can reach someone else in the chain that might be involved. >> what is the status on the recent privacy report that came out by the ftc. did you sign onto it as a new commissioner? >> i did not. that was issued before i came on the commission. basically, the ftc, they are primarily enforcement agency. they have brought many good cases in the system of privacy area. and they have reached settlements. some of the primacy promises that they made to consumers and trying on of those promises. the report discussed the was a lot of those issues and the need for more thinking in the system of privacy. the report also included a recommendation to congress to adopt general privacy legislation. i did

supreme court shot down the fcc's policy against fleeting expleitives and nudity the fcc and they basicallypretty hefty fines for the networks nearly a decade. now, the supreme court says that the fcc didn't give the networks enough notice that their policy was inconsistent. >>> baltimore's new archbishop created or celebrated the national religious liberty mass at the ba sillic a. demonstrators gathered outside the church protesting an effort by u.s. bishops they have now dubbed four night for freedom. this is a two-week period focusing on prayer, education and action. protesters say they want pastors not politicians. >> we don't want our bishops and our religious leaders doing politics at church and putting our money into political campaigns that are not accountable to the catholic people in the pews. >> following the mandate that employers provide healthcare services such as contraception. >>> a public pool in seattle has been getting a lot of attention lately. >> yeah. and that's because it all started with a woman who wanted to swim topless. she has a good argument. but did the pool ow

the fcc put in place get tough policies.own on these fleeting expletives, imposing up to hundreds of thousands of dollars per violation on the broadcast networks. they have been battling this out in court over the -- broadcasters say these rules were arbitrarily put into place and were too vague and not given notice. but the -- government has been defending -- has been defending this standard, this policy, saying that these are public airwaves and so they need to be protected. this needs to be held to a higher standard. today in an 8-0 ruling, the justices ruled for the broadcasters. i will read new part from the opinion. it says here in part, carol, commission failed -- fcc failed to give fox or abc, two of the networks involved here, fair notice prior to the broadcast in question that fleeting expletives and momentarily nudity could be found actionably indecent. therefore, the commission's standards as applied to the broadcasts were vague and the commission's orders must be set aside. this is a very important ruling as we

and today in a unanimous decision you can the supreme court said the fcc's rules were too vague.the broadcasters that the fcc seems to be shifting ground on this all the time, that on the one hand, it is permissive when fleeting had expletives are uttered during live awards shows and then turn right around and issue huge multimillion dollar fines against the networks and their own station. today the supreme court said the rules were simply too vague but it is important to notice that the supreme court did not do wh broadcasters, including nbc, the parent company of msnbc, wanted the supreme court to do and that is to say it's unconstitutional to treat broadcasters differently. the broadcasters had argued that newspapers don't get punished, cable doesn't get punished if those words are uttered and why should broadcasters be different in the supreme court simply didn't go there and said that is a case for another day. it is the second time the supreme court has punted on that deeper conitutional first amendment question. now, as you said, no decision today on some of the bigger cas

a third case, fcc against fox television stations, asked indecencye fcc's policy violates the amendments. retired children of this world eagerly await the decision. [laughter] it's beyond my comprehension how the sec can claim interest section -- the fcc can claim jurisdiction over bad words spoken on foreign soil. in fox 1, we held the fcc did not violate the administrative procedure act when it argued its longstanding indecency policy to regulate the broadcast of fleeting expletives. i dissented. the court remanded the case to the second circuit to consider in the first instance the constitutionality of the fcc's newly minted fleeting expletive policy. the court of appeals did so and struck down the broadcast indecency policy in its entirety, not simply as applied to a fleeting expletives. the policy, the third circuit panel concluded, was a void for vagueness. during the argument in fox 1, speculation abounded where the council for fox television used , but he did not. counsel for abc television first reported that there had been nine seasons of nine"nypd blue" episodes that had displ

the supreme court said we agree with you that the fcc's rules are all over the map. they are vague, the fcc said at one point that programs would be deemed indecent and networks could be fined if there were repeated violations. then they shift their policy and levied fines against fox for two award shows for fleeting expletives against nicole ritchey and cher who in 2002 and 2013 uttered words that i can't even say or shouldn't on cable and then against abc for showing a brief glimpse of a nude woman on an episode of nypd blue. today the supreme court said the rules were vague, they kept changing so much but declined to get to the bigger issue about the indecency ruling themselves having a policy violate broadcasters first amendment reits. >> for another day obviously the decisions on those monumental cases, great anticipation to say the least. >> reporter: so we'll have at least one probably two decision days next week. monday for certain. that's absolutely set. then they will add other days possibly thursday, possibly wednesday, we're still waiting for the big heal

. >> fcc confirmed that it wasn't what we said. so we didn't look at the data. >> the fcc fined google for obstructing the investigation. >> i don't think people understand the extent. >> consumer watch dog is pushing to provide a do not track option on the web sites and this shareholders today seemed less than interested. >> i think google is already out in the open. and one of the leaders when it comes to being transparent. >> john peter isn't concerned about the election z neither are joanne and steven land ow. >> i go and put in phone number. they know what i'm buying. >> shareholders told me what they're interested in had to do with prob yotic cars and stock prices. in mountain view abc 7 news. >> a move by shareholder dz not move the needle much on stock. stock finished at 565. and the dow took a drop because of concerns about the economy. and there is a loss may have been driven by moodies lowering credit ratings of banks. >> san francisco rec and parks mission voted to start tuck talks about hosting events at toit coit towe

other than time, we realize that the fcc has a lot more on their plate. they have all the time -- fact guinea. hopefully will have something by the end of the summer. that would release 40 megahertz of spectrum. that would be big for the industry and jobs at a time when a lot of people are holding their cash because of uncertainty. we're holding our cash because of f.c.c. uncertainty. we're hoping that businesses and government can work together to do the right thing for consumers and unleash productivity and investment in our states. >> thank you. the chair recognizes the gentle lady from colorado. >> thank you very much, mr. chairman. sitting here listening to this testimony, this reinforces my view that this retransmission consent issue is a very messy issue and there is not a one- size solution. most people would like to see a grievance -- grievance resolution that is fair to consumers. everyone can agree that congress should not two -- put too heavy of a figure on that scale. we should allow the market succumbed to a solution. i believe that we need

. >> what are some of those issues that you are personally concerned with, or that the at -- the fcc is looking at? >> privacy is a big issue for us and for consumers these days. we always look at kind of the bread and butter issues of advertising, competitive issues. there is a big amount of convergence going on across platforms. we really need to understand the company and what is happening in the industry's. >> when it comes to convergence, are there some concerns to you -- you have personal concerns about some of the industry's overlapping? >> not so much concerns. i think there is great potential to increase competition for consumers' when you start having previously separate industries competing. broadband providers, voice providers -- one issue that adds complication is that we have a common carrier extensions. for industries that have a carrier, that can create a bit of an issue for us to be able to address. basically, we have been able to get into a lot of areas with privacy and advertising. >> very quickly, define common carrier. >> this is -- this would include airlines an

and the fcc chairman wants them reviewed. but a spokesman stresses the agency still does not believe that there are any health concerns associated with cell phone radiation. >>> well, it seems every major car company is offering more discounts this year. but lexus is the one going the extra mile. toyota's luxury line is boosting its discount program by 60%, especially on suvs. all because it wants to regain its crown as the top luxury car brand in the u.s. a crown it recently lost for the first time in 11 years to bmw. >>> well, most overseas markets are up sharply this morning after the election in greece. tokyo's nikkei average surged 152 points today. hong kong's hang seng was up 208. in london, the ftse opened higher. on wall street, the dow picked up 213 points last week. the nasdaq index gained 14. >>> and the animals ruled the zoo and the movie theaters this weekend. "madagascar 3: europe's most wanted" was tops again at the box office for the second weekend. it took in 36 million bucks. "prometheus" was second, taking

with fcc when there's a broker deal involved in the organization. we have actually quite a matrix of communication. >> you described a matrix of communication but even with a matrix of communication, nobody was catching it. nobody was seeing it. we know the hedge funders saw it eventually because that's at least the periphery that i read that's the indicator. you know, is communication really working? are you communicating as information not as robust and granular as it needs to be. >> to keep this in context, a bunch of the -- there were significant changes in the portfolio, the cio portfolio in the first quarter of 2012. those changes were very significant contributors to this loss. as the company itself has mentioned, the reports that the company generated, the kind of review and risk management it had in place had serious flaws to it. we had access to that information but to the extent it was flawed in its own management didn't have a good handle on information and understanding the risk, that would make it more difficult for us as well. we have

the former fcc chair talked about the state of the cable industry and new advances. this is just over ten minutes. >> welcome. welcome to the great city of boston and the 2012 cable show. it's great to have governor patrick welcome us to this wonderful city. you know, when i joined ncta a year ago, i set out to wring more creativity and energy into this industry. our efforts are bearing fruit, and you will see it reflected throughout this gorgeous convention hall. our new ad campaign which is up in washington reflects the emotional connection we hope to get across in telling our story. let's take a quick look. ♪ ♪ >> cable is thriving. with new energy, new products and a very promising future. as the ad makes clear, cable is the platform that offers instant access to infinite possibilities to great programming, the web, friends and family and the hottest internet applications and devices. cable is how we connect to the world and to one another. now, americans, they adore television. we watch about 147 hours of tv per month, which may not be entirely healthy, but ther

ladies and gentlemen, julius genachowski, chairman of the fcc. >> thank you. >> you're very welcome. >>> a look now at some of our live coverage today on the c-span networks. the u.s. house is in session now on c-span. members are considering a number of bills, including spending next budget year on energy and water projects. 17 months after electing republican scott walker as governor, wisconsin voters are reconsidering that decision today. he's facing milwaukee's democratic mayor, tom barrett, in a recall election. c-span2 will have results tonight, starting at 9:00 eastern. >>> and here on c-span3, we'll be live tonight at 8:50, with the discussion between warren buffett, the head of berkshire hathaway, and david rubenstine, the 4ed of a major investment company. the discussion on the current state of the economy. >>> tomorrow, the senate banking committee looks into financial industry regulations. members are focusing on the rules being written by the securities and exchange commission and commodities futures trading commission. the hearing will examine the $2 billion trading los

julius genachowski, chairman of the sec -- fcc.plause] >> coming up, a panel from cnn, msnbc, and univision. a look at the future of television. that is followed by the u.n. internet regulation plan. later, attorney general, eric holder, gives the keynote address at the congressional black caucus summit. ♪ >> thank you for being here. in 2008, your game change was one of the definitive books of that campaign. has there been making changing moment in 2012 and if not, what could it be? >> there has been a game changing moment, particularly for the latino community. that came before mitt romney even became officially -- before he became the frontrunner. that was when he said that the response or the answer to the immigration issue would be the self deportation of undocumented immigrants. and when he vowed to veto a dream that if it ever came to his desk. even though most polls show that it is jobs and the economy are the issues that the most care about, the issue that drives their votes is definitely the immigration issue. right off t

a third case, sec against fox television, asked whether the fcc's current indecency policies violate the first amendment. the paris hiltons of this world eagerly await the decision. [laughter] it is beyond my comprehension, i told my clerk, how the fcc can claim jurisdiction to ban words spoken in a hotel on french soil. [laughter] [applause] the case came to us on a return trip. we held that the fcc did not violate the administrative procedure act by regulating the broadcast of expletives. the we did not include me. i dissented and was joined by justices stevens and briar. the court remanded the case to consider in the first instance the constitutionality of the newly minted leading expletive policy. the court of appeals struck down of the fcc's indecency policy in its entirety, not simply as applied to leading expletives. the policy, they concluded -- we accepted the government's petition for review. during the argument in folks one, speculation abounded rather -- weather stations across television would speak the f and s words before the court. he did not. this time, the council f

there have been attempts by the left to revoke fcc licenses. folks and a government agency can get rid of documents readily because they do not like what the documents are about. various things such as that. the sec challenges to what we would consider free-speech and saying it falls into the campaign finance laws. can you briefly address that sort of abuse that comes from that outside group of government partnership? >> i sort of did. at the risk of repeating myself, i mentioned four agencies are involved in those kinds of activities. i think the government ought to but out of of trying to punish people with whom it disagrees. it is going on inside the administration, but at independent agencies and within the obama campaign. it is happening because the president is setting a bad example. setting a better example on important issue like this is something i expect out of the president. if we do not get it out of this one, we will get it out of the next one. >> two more questions. you said those of us who care about freedom should spend some tim