Free Speech, the Supreme Court and the FCC

The WSJ, in its report on the Supreme Court's decision to uphold the FCC's authority to punish broadcasters over expletives, quotes Justice Antonin Scalia as writing, in the majority's decision,

"There are some propositions for which scant empirical evidence can be marshaled, and the harmful effect of broadcast profanity on children is one of them," . . .

Surely this is empirical evidence that Scalia is a base hypocrite for claiming to be a strict consitutionalist. For surely a strict constitutionalist would strike down the very existence of the FCC as a gross violation of the First Amendment's protection of freedom of speech rather than making some lame ruling about protecting the ears of the nation's children.

Here's Don Watkins' blog post on this at Voices for Reason.

And thanks to bigpuzy for this tweet:

Dear SCOTUS: your ruling today is a "fleeting expletive." The mere existence of the FCC violates the 1st Amendment.