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Law Firm News/Alaska 2008/11/05 11:44Published by Richard E. Vollertsen
The dispute between the broadcast networks and the Federal Communications Commission is the court's first major broadcast indecency case in 30 years.
At issue is the FCC's policy, adopted in 2004, that even a one-time use of profanity on live television is indecent because some words are so offensive that they always evoke sexual or excretory images. So-called fleeting expletives were not treated as indecent before then.
The words in question begin with the letters "F" and "S." The Associated Press typically does not use them.
Chief Justice John Roberts, the only justice with young children at home, suggested that the commission's policy is reasonable. The use of either word, Roberts said, "is associated with sexual or excretory activity. That's what gives it its force."
Justice John Paul Stevens, who appeared skeptical of the policy, doubted that the f-word always conveys a sexual image.
Stevens was convicted Monday on seven counts of trying to hide more than $250,000 in free home renovations and other gifts that he received from a wealthy oil contractor. Alaska law says "a person convicted of a crime that constitutes a felony involving moral turpitude under state or federal law may not vote in a state, federal, or municipal election from the date of the conviction through the date of the unconditional discharge of the person."
But state legal officials say that since Stevens has not been sentenced yet, he is eligible to vote in the general election, said Gail Fenumiai, director of the Alaska Division of Elections.
Stevens won't be sentenced until early next year. He faces a maximum 35 years in prison, but is likely to get far less, if any, prison time. If re-elected, he also could face an expulsion vote in the Senate, or senators could recommend a lesser sanction.
The 84-year-old senator, who has represented Alaska in the Senate since 1968, is in a tight race with Democratic challenger Mark Begich, the mayor of Anchorage.
Several politicians, including GOP presidential candidate John McCain and his running mate Alaska Gov. Sarah Palin, have called on Stevens to resign. But the senator has said he plans to fight his conviction and for re-election.
The request came at a meeting of Cup contenders Thursday called by Alinghi at its home yacht club in Geneva.
Preparations for the 33rd America's Cup have been stalled for more than a year by legal problems.
The BMW Oracle team based in San Francisco believes Alinghi has acted unfairly in the way it has drawn up rules for the next cup races.
The team is waiting on an appeal ruling from a New York court.
Swiss-owned Alinghi has invited teams from across the world to help it plan for an America's Cup in 2010. On Thursday they united to ask BMW Oracle to join them.
Those same opponents are hoping for redemption Tuesday, when Arizona voters again will have to decide whether they want the state's constitution to be amended to define marriage as a union between one man and one woman.
"It actually helped us out having it fail the first time because it allowed us to raise more money," said state Sen. Ron Gould, a Republican and prime sponsor of this year's measure, which was put on the ballot by the Legislature. "It just motivates people to put the remote down, get out of the La-Z-Boy and do something."
Twenty-seven states have approved anti-gay marriage ballot measures, including seven in 2006. Similar measures are being considered in California and Florida this year.
Although Arizona voters turned down the 2006 measure, there is a big difference between that one and this year's measure, Proposition 102.
Christopher Bizilj (Bah-SEAL) of Ashford, Conn., shot himself in the head when he lost control of the 9mm micro submachine gun as it recoiled while he was firing at a pumpkin. Police have said the shooting at the Machine Gun Shoot and Firearms Expo at the Westfield Sportsman's Club on Sunday was an accident.
Hampden County District Attorney William Bennett said he is investigating whether the gun fair violated the state's firearms law by allowing the boy to fire the machine gun, and also whether it was "a reckless or wanton act to allow an 8-year-old to use a fully loaded automatic weapon."
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