"Dave Hall" wrote:

If I was standing on the street, and
you walked up to me, are you not
permitted to make whatever
comment you see fit? There is this
thing called the 1st amendment......
So why should it be any different
through a radio? (snip)


There are limits to free speech, Dave. In this case, the answer would be
no if the comments were slanderous, defamatory, racist, or done in a
threatening or harassing manner. Making unwelcomed comments about a person's
appearence (especially when transmitted over the public airways) could be
considered harassment, and I doubt the First Amendment would protect such
actions.


That depends. If the business was
employing FCC part 15 radio gear,
then they can expect no protection
from interference. (snip)


That addresses normal interference, not the intentional act of malicious
interference. Malicious interference is a violation of FCC rules. And, in
case you're wondering, the First Amendment would not protect a person here
either - the person would not be charged for what was said, but for doing so
in a manner (using equipment, etc) which violates FCC rules.


Maybe. I guess it all depends on
the level of malice and the effect
that the disruptions had. From
what I've heard, the interference
consisted mostly of random
insulting comments, and not
necessarily jamming of the system
in a way that would prevent it
from working.


This brings another issue into question. Some states have laws to protect
the normal operations of a business - to prevent malicious interference with
that. It is also possible these laws, if available, might come into play
here.


Dwight Stewart (W5NET)

http://www.qsl.net/w5net/