This is response to the concerns about talk show hosts and other persons who broadcast statements that could incite violence or other illegal activity.
The Federal Communications Commission is responsible for the licensing and regulation of radio and television broadcast stations and for assuring that they comply with Commission rules and statutory requirements. Generally speaking, however, the Commission is prohibited from involving itself in the content of specific programs or otherwise engaging in activities that might be regarded as program censorship. Consequently, the Commission cannot direct broadcasters to refrain from presenting this kind of program material.
With respect to broadcasts inciting violation of law, the First Amendment permits free speech to be curtailed when it is directed toward inciting or producing dangerous activity and is likely to produce such action. Other than under these circumstances, mere advocacy of the use of force or of law violation is protected by the Constitution.
Even where the so-called "clear and present danger" test is met, the Commission believes that any review leading to a curtailment of speech should be performed by the appropriate criminal law enforcement authorities. Accordingly, it is up to federal, state, or local criminal law enforcement agencies to analyze the content and context of the speech and to determine whether there is a clear and present danger that it will result in imminent lawless action.