CWM, you'd make an excellent bible thumper...
It could be extrememly satisfying for you too. Fisrtly, the scriptures immediatly apply to everyone, not just a select group, and you could ram them down every passerby's throat on sight. Secondly, divinity is even more powerful than the FCC.
What in the WORLD are you talking about? I thought I 'explained' my opinion as clear as mud! I just don't see the the brouhaha over this.
FCC has NEVER been able to just bull their way into your house without a warrant. They are NOT police officers. They will ASK you to permit an inspection of your radio station as Part 95 requires. Now, whether you "agree" with this or not, you AGREED to abide by PART 95, Title 47, US Code by the very ACT of keying your transmitter which overtly signifies your willingness to obey those rules. It is YOUR own responsibility to READ those rules; they aren't going to do it FOR you. Now, again, FCC agents cannot FORCE themselves into your home without a warrant. They will ask you to PERMIT the inspection of your
radio equipment AND YOU MAY REFUSE TO ALLOW THEM INTO YOUR HOME. There is NO Constitutional issue involved here. You have exercized your rights in that respect. BUT.
The "catch" is, it is
the refusal to allow inspection that will trigger a fine. Its just that the equipment happens to be in your house or car. You CAN refuse to let a police officer search your car if they suspect drugs, but they will detain you until the drug dog sniffs it out. If the dog
reacts, then they can enter your vehicle. THAT's part of the law, too.
Inspection IS part of the requirement for being allowed the privilege of operating a transmitter. So it is the REFUSAL to allow said inspection that caused the fine, a violation of Part 95, that triggers the fine, NOT the fact you didn't let them in your house as per Search and Seizure. They ASKED to inspect. They DIDN'T come in (without permission). You violated Part 95 by refusal. They fined based on that refusal. The FCC NOF won't SAY
"due to failure to permit ENTRY", but,
FAILURE TO PERMIT INSPECTION!
Having a transmitter to enable or enhance "free speech" is NOT a "right"; that's been established in previous case law. People have already tried to squirm out of inspection/fines and the precedents have already been established
To me, (and it is simply an opinion) the two issues are not related. I KNOW what you are trying to achieve by wrapping up in the Constitution. So far, it's been tried quite a few times! When there's smoke, there's fire
, and those who try to avoid inspection make me wonder what they are hiding! LOL! I'm not worried about "the
MAN":drool:! He wants to visit my shack, he can come right in cuz I've nothing illegal to hide.
CWM