台灣NCC、美國FCC大有不同：為何美行政單位「沒有審核媒體內容權力」值得參考？

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根據《第一修正案》和《通信法》第326條的規定，FCC 不可以用自己的判斷代替持照媒體的判斷，也不可以就電台的水準，格式，語法或節目質量向電台提供建議。除了在選舉中為政治候選人提供的廣告以及在兒童節目製作過程中播出的廣告的限制之外，持照媒體還對廣告具有廣泛的自由裁量權。

The FCC and Freedom of Speech.  The First Amendment, as well as Section 326 of the Communications Act, prohibits the Commission from censoring broadcast material and from interfering with freedom of expression in broadcasting. The Constitution’s protection of free speech includes programming that may be objectionable to many viewers or listeners. Therefore, the FCC cannot prevent the broadcast of any particular point of view. In this regard, the Commission has observed that “the public interest is best served by permitting free expression of views.” However, the right to broadcast material is not absolute. There are some restrictions on the material that a licensee can broadcast. These restrictions are discussed below.

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In light of the First Amendment and Section 326 of the Communications Act, we do not substitute our judgment for that of the licensee, nor do we advise stations on artistic standards, format, grammar, or the quality of their programming. Licensees also have broad discretion regarding commercials, with the exception of those for political candidates during an election, and the limitations on advertisements aired during children’s programming.

The Commission recognizes that, under our Constitution, people must be free to say things that the majority may abhor, not only what most people may find tolerable or congenial. However, if you are offended by a station’s programming, we urge you to make your concerns known in writing to the station licensee.

https://www.fcc.gov/media/radio/public-and-broadcasting