Ham Radio License VS FREE SPEECH! Does One Limit The Other? 

Spot on!! Well said!! 73!

“On that side” - yeah, FDR was very bad. A far cry from his relative Teddy, whom I like very much.

As someone about to go back to school for government and public affairs, I love when civics and my hobbies cross over. I treat ham radio as a privilege, and I want to keep ham radio in good standing in the public consciousness, so I will limit my own speech for the sake of the hobby. No profanity, will make sure that frequencies aren't in use before transmitting, etc. I want other people to enjoy the hobby too.

What about when government agents directly influences the platform, thereby limiting your speech… ?

With WalMart and their MURS frequencies, they will swear to you that 151.820, 154.570 AND 154.600 MHz are owned by Walmart and NO ONE is allowed to be on those "channels" because they are licensed to Walmart and Sam's Club. God forbid another company use one of those frequencies in their area. I have spent hours explaining to them about MURS radio. The use of it is purely a courtesy to each other and use of privacy tones.

Very WELL STATED Jason! Good job.

Jason Very well said, OM. God Bless 73 CUL ... ... ...

Civics class on HAMRADIO 2.0 I love it, and I hope some folks heard what was said today. Kudos and thanks for video.

Totally in agreement. I usually tell people, when they talk of violating rights, that anybody can own and operate a car, the only reasonable restriction, is that you have to have a license to operate it. Ham radio, at least in my opinion, is basically the same. In fact, to listen only I don't even need a license and I can buy a car without a license, as long as I don't drive it. I am not a legal scholar so I can't be 100% sure of what I am saying, but I should not be too far from reality! 73!

The FCC does have the legal right to regulate profanity and obscenity on radio frequencies. FCC v. Pacifica Foundation (438 US 726 (1978)).

WALMART does not use FRS. WALMART uses MURS Blue dot for employees and Green dot for Management. Part 95 FCC rules prohibit false statements and profanity. Part 97 FCC rules also prohibit Profanity.

You are absolutely right good job Mr J

Thank you for explaining it all for everyone. your spot on.

Good topic and needed my most of us. Thanx

I respectfully disagree with your assessment of facebook etc. having the right to shut down our posts/speech. I think it has become quite clear that these platforms have are the modern day "town square" and therefore should be held to the letter of the 1st Amendment as with any public space. But you keep on trucking within your self prescribed limitations as you do have the right to be wrong 😉

I appreciate your videos very much like many HAM channels. I certainly love your style and content and the willingness to take on a topic like this. My one and only comment is that I have and will always believe that the 2nd Amendment is the most important in that is prevents the government, like in the case of King George you mentioned, was violating the rights of his subjects in the colony that became the US. It took armed citizens to obtain the rights we enjoy and it still takes armed citizens to continue to enjoy them.

Excellent video Jason!!

“Shut Up & Sit Down” hihi

You are absolutely right!

Preach Jason! Preach!

Exactly! You hit the nail on the head. Much misinterpretation these days (on a lot of topics) but you rightly explained this as clearly as possible.

Can't argue with the truth. Spot on Jason.

When I worked for Walmart they had MURS radio.

Very well said and great video I will definitely share with others.

As much as I hate to say it as it does seem like infringing your 1st amendment. I have to agree with you. Your logic makes sense.

Enjoyed this and have shared it. Thank you & Cheers!

Thank you for another informative video. Very well explained and I completely agree.

A Ham radio license is analogous to having a drivers license. You can ride a bicycle without a license on most roadways, but most motorized vehicles require a license of some kind. The purpose of a drivers license is to make sure you understand how to operate the vehicle and you understand the rules of the road. A Ham radio license is the exact same thing. I don't understand why people have such a difficult time with this. Besides, the United States actually has some, if not the most, liberal laws regarding Ham radio usage.

Absolutely correct. Refreshing.

I 100% agree with you. And I’ll add the arrogance and zero knowledge some folks have. Apparently 40m only works in the US according to them. 100 watts ( not even) a wire and you talk all over the planet.

You're spot on, Bro!

Nice video, Jason. I read once that after the Titanic sinking, all the government officials stepped up regulation in efforts to promote common good. I always look at it from that viewpoint; maintaining band regulation keeps people where they can go and away from critical operations like military, shipping, air traffic, and law enforcement. Regulations promote and dictate standard operations so that everyone understands each other, the limitations, and the requirements. See you in Springfield. 73 de Bill

Actually as an ex walmart employee, they are mostly on murs.

Good topic thanks

By the way I only don't like the FCC website 🤢

Thanks to Elon Musk to show the world what is happening with our free speech here in Brazil. Believe it or not, we don’t have it anymore.

You splained it good, Lucy. 🤓

I believe a strong case could be made social media platforms are publishers and therefore should not be able to censor as much as they do.

Radio waves do not turn back at the border; they do not even know what the border is. All radio regulations are based on international law. If someone does not get that, look for the video " Karen exercising First Amendment rights in another country." It will make your day.

MURS-FRS & CB radio services are great to be long winded.

There are frequencies set aside for anyone to use any time they want. I can't use a machine gun without a license but there are (so far) guns I can use any time I want.

It's no different than the argument that I've seen made about right to travel versus having a driver's license. Yes, we have a right to travel, but you still need a driver's license in order to Pilot your vehicle on the roads

My brother worked for Cabelas and said that they used FRS radios around the store.

Make a video on the use of MURS radio.

I think these online platforms have become a public forum which your rights should come into play.

Great job explaining Freedom of Speech and radio

Its fun to get the Walmart automotive employees looking for Blinker Fluid 😄😄

So I recently listened to a guy via RU-vid saying ham radio is a rule, not a law, so everything that they say they can do, fines, etc. is bull crap. There are people I know who use simplex channels, and listening to this today reminded me about this. KF0OOF

I differ with you on one thing. Bad words is NOT allowed on any radio frequency by international law! No matter if it is your own frequency or not! As for the FCC there are things I wished they did different. But I don't have a big problem with them until they try taking Ham Radio frequencies away!

If you think about it in terms of homesteading, property rights, and ownership, the first radio pioneers homesteaded the airwaves and so became the rightful owners. For good or ill (being an Anarchist I would tend towards it being an ill vs control by a voluntary organization) the voluntary organizations created by radio pioneers (perhaps unwillingly because government did what government does best - threatened violence) ceded their property right to the governments they were citizens of. I don't exactly like it, but I'm also not willing to go to Club Fed for hobby stuff. You got to pick your battles wisely.

I know from watching you at Hamvention you are a proponent of the OTA programs...What will it take to place some reasonable restrictions to allow those of us in HAM radio who do not enjoy contest type operation...At least we can avoid contests since they are held on specific dates where as the OTA stations operate 365 days a year...There has to be some control because OTAs are out of control...I am not against OTA or contest operation, but the OTAs have become a nuisance...Comments appreciated? Ron/HP4RWE

Licensing is simply a way to regulate. As you said no one is stopping you from getting the license and there are less regulated options without it. Regulation is restriction, licensing or membership is restriction any and all laws are restrictions, however restrictions in a lot of cases are a good thing. Well put sir and thank you. K5WCF

With RU-vid, FaceBook, and others, users agreed to the license agreement. And this is contained in the agreement.

Requiring a license and restricting the frequencies we use is verification that we have been "trained" in the proper use of those frequencies. Much like a driver's license is verification that you have been trained in the proper operating procedures for driving a vehicle. A vehicle is, basically, restricted to be used on roadways. Who wants someone driving through their front yard or house? It helps keep disruptive actions from occurring on a regular basis. Much like restricting amateur radio use to certain frequencies helps keep us from disrupting specialized radio services on a regular basis, such as emergency services, security services, transportation such as air traffic or even military operations. Imagine the effect of interrupting an active military operation with our casual conversations or contesting. Yes, we should respect those operations and services, but there are those who would abuse their radio privileges if not restricted, by how their equipment can be legally built. Because many just buy their equipment "off the shelf", those radios won't transmit (or at least aren't supposed to transmit) on restricted frequencies. The licensing and restrictions are merely a verification that you know how and where to use your equipment. We don't really want the privilege abuse that occurs on the CB band (only said because I have experience with CB) to happen on frequencies that can potentially interfere with important and sometimes vital communication services. The lack of regulation on the CB band has led to some quite unsavory behavior. I say we keep the regulations in place and keep our bands as civil as we like them, as opposed to letting operators have free reign as with those "free band" services you spoke about.

In the US, the bill of Rights, the Constitution and interpretations of the law some by the supreme Court are what finally dictates what can't and cannot be done. The mere text is not enough. You said it well that this is how YOU view the law. Exceptions or inclusions in the law can happen.. For example, the supreme court expanded the 2nd as most individuals are not a well regulated militia, and put a lot of restrictions on the first -like anti defamation laws. So, it is never so black and white.

For me it's the same as the freedom of movement. You can go everywhere in the country but you cannot trespass anyone's property. And besides, if you want to drive a car or a 18-wheeler you have to have a driver's license for that. Same thing!

I've always said freedom of speech is not free of consequences. Sure in an analog world you can key up on a fire, ems frequency and exercise your freedom of speech however... you're not free of the consequences for doing so.

The tests are hard. However, if there was no knowledge requirement i fear the art would go away. The knowledge would disappear. I had to learn things i wouldn’t have, had it not been a requirement.

Just curious what marine frequencies you are allowed to use without a licence? We do not have any license free access to marine frequencies here in Canada.

Well said, Jason! Something else that most people don't realize is many of the FCC regulations are due to international treaty and being part of the ITU (International Telecommunication Union).

Any of the amendments in the constitution do not give people individual rights. The constitution is a rule book that limits the government what they can and cant make laws and rules on. So this is one thing that should be a correction. Other than that, this is a great video.

Excellent video. 73 de K2BNY

Could you imagine what the fire and rescue bands or the air band would be like if it was just open for anyone because of freafom of speach could you imagine what the airports would be like for planes taking off and landing if it sounds like cb

Are there Commercial HF frequencies? I work for a gravel quarry trucking rock around eastern WA and northern ID. We have LOTS of hills and deep valleys and CB just doesn't work. I have a Amateur Extra and GMRS license but the business doesn't have anything. If I can hit one of the local GMRS repeaters, we might be able to communicate across a couple of the counties, but the power is still low. HF would be ideal because it's not as effected by the hills and you can really pump up the power.

I agree with you Jason. Indeed, any licensing increases your freedom to exercise whatever is the object of the restricted/owned platform necessarily by ensuring all users are following its rules of order. In other words, it is without that license that your freedom is abridged.

ok been watching up to 10:56 spot on at this point. again there are some grey areas but when dealing with a licensed service like you said, there are rules to follow. Amatuer Radio is a "platform" just like facebook and such. again the only thing the freedom of speech does protect are laws by the federal govenment (congress) against it. so again a repater is a "platform" with rules and you have to follow them according to federal law on Amateur Radio and most licensed services. Sorry for so many comments but doing them as i watch now. tahnks again for putting your prospective and still keeping it open minded.

Nice video.

Thanks for making this video (and others like it). Like you said, they invite the keyboard warriors to come out, but it's important information that needs to be shared. And we should be able to discuss these sorts of things rationally. I think it'd be a lot easier if everyone was still required to take a full and complete civics/government course to graduate high school (or at least be locked in a room with food and forced to watch all of Schoolhouse Rock on loop for a week, if the budget is constrained), but that's a whole other discussion. ;) I think some people on the Internet forget (because they don't really perceive it as such) that every single one of the freedoms guaranteed by the First Amendment is still subject to regulation. The type and degree of regulation is certainly constrained more or less based on which freedom we're talking about, but it is not blanket forbidden. Example: In most places in the US, if not all of them, it's illegal to shout FIRE in a crowded building when there isn't a fire, because doing so creates a public health hazard (risk of panic/stampede) where there wasn't one before. Whether you have to intend to do chaos or not (criminal intent vs. negligence) when you shout depends on the jurisdiction, but if Freedom of Speech were absolute, such laws couldn't exist. See also: all defamation laws. The intersection of freedom of speech with defamation law makes the entire field more fascinating and complicated than it might at first seem. A big part of HAM radio licensing isn't just getting a license to be on the radio. It's getting a license to be on the radio SAFELY. That's where the government's legal interest in regulating amateur licensing has the most zing, in my opinion. The government wants to make sure we know what we're doing well enough not to render nearby official emergency communications systems inoperative because we're on the wrong frequency or have our hardware misconfigured, or whatever. And getting a license is their way of testing us to make sure we understand those rules, and getting us to agree to follow those rules, *and having the authority to take corrective action when those rules are broken, in order to protect the public at large* . You've had a couple of videos about licensed hams rightfully getting in deep trouble for interfering with official comms during diaster events. If the federal government chose not to regulate amateur radio, most states certainly would under the authority of their "police power" (a somewhat confusing term in US constitutional law describing certain regulatory powers reserved to the states that mostly concern public safety), for the same reasons.

I sometimes wished amateur radio would be like gmrs, get a license and get access to the gmrs bands without taking another exam to get access to general and extra bands each time, seems like a money scheme to me. And other times I'm glad every time if you want to level up you have to test again, but it seems communistic to me, I enjoyed this video and yes I agree. 73, everyone Kq4hcu

Agreed

Licensing terms in Serbia actually prohibit profanity. RF is considered "national resource", like ore or oil or rivers or air, therefore, the entire RF spectrum is regulated, with some parts having less constraints than others (PMR446 for example).

Surprised that WalMart doesn't have a business frequency. The UV9PX radio I got from Better Safe Radios has a Wal Mart freq. But it must be a common one that they all use.

One problem is the big platforms have section 230 protection but then try to operate like a publisher. It would be like your phone company cutting off your phone because they dont like what your saying. They take advantage of section 230 in corporation with some in government to encroach on the first amendment.

How can I contact you personally? I have a licensing question/problem and need some advice.

Can I tell my HOA board that they are violating my 1st amendment by not letting me put up an antenna so I can use my radio equipment in my house? Also, does an HOA have to follow reasonable accommodation rules, so I can exercise my freedom of speech?

Why you need to explain any of this to any particular person/people, Says everything you need to know about said such person/people. Thanks Jason for all you do....73, N8SOT

The road construction flag guys around here use FRS channel 5.

I was kind of thinking about this the other day, not the freedom of speech aspect, but from a RF spectrum stand point - could you image the chaos if we didn't have the FCC. It's not a perfect solution, but without the FCC any body and every body would just do what they wanted. So the way I look at it is the FCC organizes the chaos. That results in having to license for some part of the spectrum to use, and a clearing house for violations of spectrum use outside what the license is. I think Walmart is using MURS, at least the ones around here are. I know of one or two companies in the area that may still be licensed MURS users - at least they have a repeater up and I hear it ID from time to time, but honestly I've never heard any one talking on it, so maybe a throw back to the old business band. I also hear a lot of companies using FRS. And there is a lot more active GMRS users then originally thought. We live in interesting times. Good video, thanks

​​Change "Armature Radio License" to "TV Broadcast License" Would the same conclusion one comes up with be the same for them. If one can build/buy a tv transmitter, should first amendment apply to them?

You had me at congress will make no law

right on ! well said . Walmart FRS LOL they also use MURS in some stores. they just use radios they sell. 73's

Awesome sponsor on RU-vid for once lol

Jason you need to rephrase that about profanity Part 95 FCC rules prohibit false statements and profanity. Part 97 FCC rules also prohibit Profanity.

As I licensed Ham,Commercial Radio Operator, I both agree & disagree with what you are saying! 90% of what you are talking about is just common sense agreed! My thing is the little Hitlers & Dictators that are trying to run & control the air waves & repeaters with there control issues is My only beef. I have only met one Ham I did not like! 2 hams had a conversation about a strange traffic stop & it hurt someones feeling! If you don't like the station change frequency's. That's the nutty stuff I can't figure out? This one 2 minute conversation started a dumpster fire that's been burning for 16 years, WOW. But thank You & Many Good Points...

How much do the commercial licenses cost?

I've wondered about the profanity restrictions. I know the rules technically prohibit it, but I don't really see how that's enforceable in a real way unless enough of us sit there with tape recorders and catch offenders and take the time to send detailed reports (with recordings) in to the FCC. Which sadly seems to be an unreasonable expectation. And it's a shame, because it'll put people off. A lot of us have to deal with profanity and unpleasantness for work-related reasons. the FCC rules indicate that amateur radio is supposed to be an escape from that. My first experience picking up 2m SSB, which I wasn't even sure my radio could do, was certainly soured by only being able to hear some AARP member who had apparently decided to base his entire personality on the Official Bigoted Grandpa at Christmas Dinner Conversation Checklist. We had the runaway Chinese spy balloon in the air that week, so you can guess how well that went. On the plus side, my 2m SSB reception was clear enough for me to get really annoyed. :P

Great thoughts, but I think the deeper question is why is licensing required? I agree that it isn’t a violation of the first amendment but what makes HAM bands a “property” and who owns it? Maybe that is the deeper argument?

Agreed on Freedom of Press but yet how much inaccurate news do we hear everyday. I don't think freedom of speech is so simple though. As an example you can't threaten someone physical harm, right?

What are people's thoughts on "bible study" nets?

Question, do you have to have a license to use a ham radio, I have heard both sides of this. some say you do, some say you don't, it's all in how you use it.

Walmart here in my town use murs hehehe

GMRS is 10 year term

“Congress shall make no law restricting free speech”. So doesn’t the FCC violate this if a commercial broadcaster says one of the seven words off George carlins list

Britain charges you for every TV you have in your house! We lost half our 220 mHz band due to the govt. selling it out from under us. The Ham frequencies are ours as long as the govt. says so. It is a sad state of affairs.... 😱😖

DMR TGIF 2021 Free Speech!

to add to my comment. you keep say "the government" you need to remember there are more froms of government than just one. you have federal govenrment then state government then local/city government. the only thing that the constitution protects from is the fedral government. watching at 3:53 so will se what you say after that but you cannot just say "the government" it is too vague. sorry to put that out there but is true. Love the video by the way

Where in the US Constitution was Congress granted the authority to create the FCC?

I agree, generally, with everything you said. However, I would just like to comment on the reality of you tube. It is very true what you said about you tube, basically that You Tube does not respect the bill of rights, that is, freedom of speech. You defend that by saying that You Tube is a private enterprise that can do as it pleases. Well, sort of. There are dozens, or maybe even hundreds of social platforms on the internet. All of them, with the notable exception of You Tube, Facebook and x, are quite small and have little power in affecting society. You Tube is a huge...HUGE and influential platform wielding POWER. And besides, the internet is NOT a closed circuit operation, as it uses the electromagnetic spectrum, not invented by man, but rather given to us by GOD for everyone's use, not just the rich and powerful and their governments. At one time, yes, the small man with a printing press could freely publish his point of view, protected by the bill of rights. Not so much any more. Times Change. Society changes. The internet is now the street corner. But, unfortunately, the rich and powerful, like google and you tube, have ignored the bill of rights, and stand behind their outdated ""private property"" argument to deny freedom of speech. The time has come to change that. And I'm sure our next president is in agreement, as he was an unfair victim of that very lack of freedom of speech. It is time to bring the internet into accordance with the bill of rights, including freedom of speech and freedom of the press. It should not affect the vast majority of small uninfluential platforms on the internet, but You Tube, way too big for it's britchs, must now be brought under government scrutiny, especially on the issue of freedom of speech. Well, that's my opinion. Good video, as always.

Strangely this has already been hashed out in the court systems, And its exactly that, the 1st amendment gives you freedom of speech to stand on a soapbox and say whatever you want, Except start shouting fire in a movie theater. You could shout fire in a theater as long as its in printed form. Which leads people to think that Radio is just an extension of the Gutenberg press. It is not.

As Americans, we have very few “Rights”, but we have tons of “Privileges”. Freedom of speech is a “Right” and can not be violated. Amateur Radio, GMRS, CB, or any radio is a “Privilege”! Your “Privileges” can be granted, regulated, or revoked at any time (period)! There is NO “Right” to buy or use any radios. Even if you are peaceably assembling and you are utilizing your freedoms of speech with a bull horn. The police reserve the ability to remove your bull horn, if you are creating a nuisances or volatile speech or any of a myriad of reasons as violation of law.