Well, that was an enjoyable survey of Federal legislation. Of
course, the previous list is not exhaustive. Interested readers are
urged to go to the library and take a look at the United States Code
themselves, or read it on the Internet (see the Further Reading
Now we move to a different set of "laws", called "regulations".
These "laws" have two strikes against them (if only two strikes made
an out!). They're not only opposed to the First Amendment (if passed
by Congress), but also to Article I, Section I. According to that
All legislative Powers herein
granted shall be vested in a Congress of the
United States, which shall consist of a Senate and House of
Regulations, alas, are not created by Congress, but by
administrative bodies such as the FCC and IRS. Illegal, of course.
Remember, in Perry, the Court saw legislative action as "the
unilateral promulgation of a rule with continuing legal effect."
 The long and
short of it is that Congress has, for many years, unconstitutionally
delegated its legislative power to unauthorized branches.
Strictly speaking then, the following regulations are not "laws", but
just words on a page. However you want to characterize them, they're
real - and they're doubly unconstitutional.
30 C.F.R §2.7 Identification and
The information security system requires
that standard markings be applied to classified information. Except
in extraordinary circumstances as provided in section 1.5(a) of the
Order, or asindicated herein, the marking of paper and
electronically created documents shall not deviate from the following
prescribed formats. These markings shall also be affixed to
material other than paperand electronically created documents,
including file folders, film,tape, etc., or the originator shall
provide holders or recipients of the information with written
instructions for protecting theinformation.
(b) Unless the portion marking requirement has been waived as
authorized, each portion of a document, including subjects and
titles, shall be marked by placing a parenthetical designation either
immediately preceding or following the text to which it applies. The
symbols, '(TS)' for Top Secret, '(S)' for Secret,'(C)' for
Confidential, and '(U)' for Unclassified shall be used for this
47 CFR §73.1225 Station inspections by FCC
The licensee of a broadcast station shall make the station available
for inspection by representatives of the FCC during the station's
business hours, or at any time it is in operation....
(c) The following records shall be made available by all
broadcast stations upon request by representatives of the FCC....
(5) Station logs....
47 CFR §73.1226 Availability to FCC of station logs
The following shall be made available to any
authorized representative of the FCC upon request:
(a) Station records and logs shall be made available for inspection
or duplication at the request of the FCC or its representative.
Such logs or records may be removed from the licensee's possession
by an FCC representative or, upon request, shall be mailed by the
licensee to the FCC by either registered mail, return receipt
requested, or certified mail, return receipt requested....
47 CFR §73.1212 Sponsorship identification... related
(a) When a broadcast station transmits any
matter for which money, service, or other valuable consideration is
either directly or indirectly paid or promised to, or charged or
accepted by such station, the station, at the time of the broadcast,
(1) That such matter is sponsored, paid for, or furnished, either in
whole or in part, and
(2) By whom or on whose behalf such consideration was supplied...
(ii) In the case of any television political advertisement concerning
candidatess for public office, the sponsor shall be identified with
letters equal to or greater than four percent of the vertical picture
height that air for not less than four seconds.
(d) In the case of any political broadcast matter or any broadcast
matter involving the discussion of a controversial issue of public
importance for which any film, record, transcription, talent, script,
or other material or service of any kind is furnished, either
directly or indirectly, to a station as an inducement for
broadcasting such matter, an announcement shall be made both at the
beginning and conclusion of such broadcast on which such material or
service is used that such film, record, transcription, talent,
script, or other material or service has been furnished to such
station in connection with the transmission of such broadcast
47 CFR §73.1210 TV/FM dual-language broadcasting in
(b) Television broadcast licensees in Puerto
Rico may enter into dual-language time purchase agreements with FM
broadcast licensees, subject to the following conditions:
(1) All such agreements shall be reduced to writing and retained by
the licensee for possible Commission inspection...
(2) All such agreements shall specify that the FM licensee will
monitor sound track material with a view to rejecting any material
deemed to be inappropriate or objectionable for broadcast
(3) No television or FM broadcast station may devote more than 15
hours per week to dual-language broadcasting, nor may more than
three (3) hours of such programming be presented on any given
47 CFR §73.1920 Personal attacks
When, during the presentation of views on a controversial issue of
public importance, an attack is made upon the honesty, character,
integrity or like personal qualities of an identified person or
group, the licensee shall, within a reasonable time and in no
event later than one week after the attack, transmit to the persons
or group attacked:
(1) Notification of the date, time and identification of the
(2) A script or tape (or an accurate summary if a script or tape is
not available) of the attack; and
(3) An offer of a reasonable opportunity to respond over the
(b) The provisions of paragraph (a) of this section shall not
apply to broadcast material which falls within one or more of the
(1) Personal attacks on foreign groups or foreign public figures;
(2) Personal attacks occurring during uses by legally qualified
(3) Personal attacks made during broadcasts not included in paragraph
(b) (2) of this section and made by legally qualified candidates,
their authorized spokespersons, or those associated with them In the
campaign, on other such candidates, their authorized spokespersons or
persons associated with the candidates in the campaign; and
(4) Bona fide newscasts, bona fide news interviews, and
on-the-spot coverage of bona fide news events, including commentary
or analysis contained in the foregoing programs.
(c) The provisions of paragraph (a) of this section shall be
applicable to editorials of the licensee, except in the case of
noncommercial educational stations since they are precluded from
editorializing (section 399 (a), Communications Act).
An interesting sidenote here: In FCC v. League of Women
Voters, 468 U.S. 364 (1984), the Court held 47 U.S.C. §399
unconstitutional. That law mandated a prohibition against
"editorializing" by noncommercial educational stations. So how come
this FCC regulation /law is still on the books?
47 CFR §73.1930 Political editorials
Where a licensee, in an editorial,
(1) Endorses or,
(2) Opposes a legally qualified candidate or candidates, the licensee
shall, with 24 hours after the editorial, transmit to,
(i) The other qualified candidate or candidates for the same office
(ii) The candidate opposed in the editorial,
(A) Notification of the date and the time of the editorial,
(B) A script or tape of the editorial and
(C) An offer of reasonable opportunity for the candidate or a
spokesman of the candidate to respond over the licensee's facilities.
Where such editorials are broadcast on the day of the election or
within 72 hours prior to the day of the election, the licensee shall
comply with the provisions of this paragraph sufficiently far in
advance of the broadcast to enable the candidate or candidates to
have a reasonable opportunity to prepare a response and to present it
in a timely fashion.
47 CFR §73.1745 Unauthorized operation
No broadcast station shall operate at times, or with modes or power,
other than those specified and made a part of the license, unless
otherwise provided in this part.
(b) Any unauthorized departure from an operating schedule which is
required to be filed with the FCC in Washington, D.C, will be
considered as a violation of a material term of the licensee.
47 CFR 73.1800 General requirements related to the station
(a) The licensee of each station must maintain a
station log as required by §73.1820. This log shall be kept by
station employees competent to do so, having actual knowledge of the
facts required. All entries, whether required or not by the
provisions of this part, must accurately reflect the station
operation. Any employee making a log entry shall sign the log,
thereby attesting to the fact that the entry, or any correction or
addition made thereto, is an accurate representation of what
(b) The logs shall be kept in an orderly and leglble manner, in
suitable form and in such detail that the data required for the
particular class of station concerned are readily available. Key
letters or abbreviations may be used if the proper meaning or
explanation is contained elsewhere in the log. Each sheet must
be numbered and dated....
(c) Any necessary corrections of a manually kept log after it has
been signed in accordance with paragraph (a) of this section shall be
made only by striking out the erroneous portion and making a
corrective explanation on the log or attachment to it. Such
corrections shall be dated and signed by the person who kept the log
or the station chief operator, the station manager or an officer of
(d) No automatically kept log shall be altered in any way after
entries have been recorded. When automatic logging processes fail or
malfunction, the log must be kept manually for that period and in
accordance with the requirements of this section.
(e) No log, or portion thereof, shall be erased, obliterated or
willfully destroyed during the period in which it is required to be
47 CFR §95.403 Am I eligible to operate a CB
(a) You are a foreign government, a representative of a foreign
government, or a federal government agency; or
47 CFR §95.412 What communications may be
(a) You may use your CB station to
transmit two-way plain language communications. Two-way plain
language communications are communications without codes or coded
messages. Operating signals such as "ten codes" are not
considered codes or coded messages. You may transmit two-way plain
language communications only to other CB stations, to units of
your own CB station or to authorized government stations on CB
frequencies about -
(l) Your personal or business activities or those of members
of your immediate family living in your household;
(2) Emergencies (see CB Rule 18, §95.418);
(3) Traveler assistance (see CB Rule 18, 䆛.418);
(4) Civil defense activities in connection with officlal tests
or drills conducted by, or actual emergencies announced by, the civil
defense agency with authority over the area in which your station is
(b) You may use your CB station to transmit a tone signal only
when the signal is used to make contact or to continue
communications. (Examples of circuits using these signals are tone
operated squelch and selective calling circuits.) If the signal is an
audible tone, it must last no longer than 15 seconds at one time. If
the signa1 is a subaudible tone, it may be transmitted contlnuously
only as long as you are talking.
(c) You may use your CB station to transmit one-way communications
(messages which are not intended to establish communications between
two or more particular CB stations) only for emergency
communications, traveler assistance, brief tests (radio checks) or
47 CFR §95.413 What communications are
(a) You must not use a CB station -
(1) In connection with any activity which is against federal, state
or local law;...
(5) To advertise or solicit the sale of any goods or services;...
(9) To communicate with, or attempt to communicate with, any CB
station more than 250 kilometers (155.3 miles) away;
(10) To advertise a political candidate or political campaign;
(you may use your CB radio for the business or organizational aspects
of a campaign, if you follow all other applicable rules);
(11) To communicate with stations in other countries, except
General Radio Service stations in Canada;...
(b) You must not use a CB station to transmit communications for
live or delayed rebroadcast on a radio or television broadcast
station. You may use your CB station to gather news items or to
47 CFR §95.416 Do I have to limit the length of my
(a) You must limit your CB communications
to the minimum practical time.
(b) If you are communicating with another CB station or stations,
you, and the stations communicating with you, must limit each of your
conversations to no more than five continuous minutes.
(c) At the end of your conversation, you, and the stations
communicating with you, must not transmit again for at least one
47 CFR §95.419 May I operate my CB station by remote
(a) You may not operate a CB station
transmitter by radio remote control.
(b) You may operate a CB transmitter by wireline remote control if
you obtain specific approval in writing from the FCC. To obtain FCC
approval, you must show why you need to operate your station by
wireline remote control. Send your request and Justification to FCC,
1270 Fairfield Road, Gettysburg, PA 17325-7245. If you receive FCC
approval, you must keep the approval as part of your station
records. (See CB Rule 27, 䆛.427.)
47 CFR §95.421 What are the penalties for violating
(a) If the FCC finds that you have willfully
or repeatedly violated the Communications Act or the FCC Rules,
you may have to pay as much as $10,000 for each violation, up to a
total of $75,000. (See section 503(b) of the Communications
47 CFR §95.422 How do I answer correspondence from the
(a) If it appears to the FCC that you have violated
the Communications Act or these rules, the FCC may send you a
(b) Within the time Period stated in the notice, you must answer
(1) A complete written statement about the apparent discrepancy;
(2) A complete written statement about any action you have taken
to correct the apparent violation and to prevent it from happening
(3) The name of the person operating at the time of the apparent
(c) If the FCC sends you a letter asking you questions about your CB
radio station or its operation, you must answer each of the questions
with a complete written statement within the time period stated in
(d) You must not shorten your answer by references to other
communications or notices.
(e) You must send your answer to the FCC office which sent you the
(f) You must keep a copy of your answer in your station
records. (See CB Rule 27, 䆛.427.)
47 CFR §97.5 Station license required.
When a station is transmitting on any amateur service frequency . . .
the person having physical control of the apparatus must hold an
FCC-issued written authorization for an amateur station.
47 CFR §97.113 Prohibited
(a) No amateur station shall
(1) Communications specifically prohibited elsewhere in this
(2) Communications for hire or for material compensation, direct or
indirect, paid or promised, except as otherwise provided in these
(4) ... messages in codes or ciphers intended to obscure the
meaning thereof, except as otherwise provided herein..
(5) Communications, on a regular basis, which could reasonably be
furnished alternatively through other radio services.
(b) , nor may an amateur station transmit oneway
communications except as specifically provided in these rules;
, except that communications directly related to the
immediate safety of human life or the protection of property may be
provided by amateur stations to broadcasters for dissemination to the
public where no other means of communication is reasonably available
before or at the time of the event.
1 Perry, pp. 42-3.
2 For more on this concept of delegation, see my chapter in this
topic in Why We Need A New
Constitution, extracted from my book
The 21st Century Constitution, available through the Online Book