Glenn Beck tormentor challenges Liberty Counsel in Adam Lambert FCC flap

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Glenn Beck tormentor challenges Liberty Counsel in Adam Lambert FCC flap

Fri Dec 18, 2009 @ 09:08AM PST

By Eriq Gardner

Adam lambert ama performance (4)-1 Marc Randazza, the First Amendment lawyer who beat Glenn Beck and earned a fan club for his efforts, is back with an entertaining new legal brief.

This one targets the Liberty Counsel, the conservative organization that lead the cause against ABC last month for airing Adam Lambert's controversial performance at the American Music Awards. On November 24, Liberty filed a grievance with the FCC over Lambert's allegedly "obscene" dance routine.

Randazza has responded with his own FCC filing that will certainly cement his hero status among free speech advocates. He writes:

While we must tolerate the existence of the Ku Klux Klan, the American Nazi Party, and the Liberty Counsel, we need not allow such organizations to shape our public policy. If Anita Staver wishes to tie her stained granny panties in a wad over some perceived homosexual threat, she has that right. But, the time has come for the FCC to cease its policy of allowing every Comstock-wanna-be with a crucifix to start the censorship ball rolling.

Anita Staver is a constitutional lawyer and president of the Liberty Counsel.

Later in his brief, Randazza points to the factors for deeming a broadcast to be legally obscene, taking issue with Liberty's stance that the broadcast was marked by an "unwholesome sexual interest or desire." The lawyer uses this to suggest that male members of the Staver household should submit to a penile plethysmography or other medical probes to see if they are physically aroused by Lambert's performance and warrant a federal government investigation.

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The Hollywood Reporter, Esq. blog focuses on how the entertainment and media industries are impacted and influenced by the law. It is edited by Matthew Belloni with contributions from veteran legal reporter Eriq Gardner and others. Before joining The Hollywood Reporter, Belloni was a lawyer at an entertainment litigation firm in Los Angeles. He writes a column for THR devoted to entertainment law. Gardner is a New York-based writer and legal journalist. Send tips or comments to Matthew.Belloni@thr.com

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