It is my opinion that the Supreme Court should take up the issue of free speech on talk radio because this issue is directly related to the constitutional right of freedom of speech. I feel that the Supreme Court is most appropriate judicial body to address an issue that deals directly with American civil rights.
I don't think the Supreme Court should be intervening in an area that is protected by the constitution, the right to free speech is a fundamental right in this nation and has been upheld throughout history, I think talk radio programs should be allowed to discuss anything they want without worrying about the Government taking issue with it.
I don't think that it would be necessary for the Supreme Court to take up the issue of the limits of free speech on talk radio. The FCC has its guidelines and other than theirs the host just has to answer to the court of public opinion. If they don't want so much regulation, they could do an internet show or find other venues.
Free speech has some concrete parameters. However, to ask the Court for a ruling would require a test case, and there are so many different types that could arise in the context of talk radio. For example, free speech doesn't include the right to incite actions that would harm others, or the distribution of obscene materials. You will often hear these types of things on talk radio. Sometimes they are pranks, sometime parodies, and sometimes in earnest. Having to make that distinction isn't something the Court needs to address now.
No, the Supreme Court should not take up the issue of limits of free speech on talk radio, because there is currently a fair balance on talk radio on what is said contrasted with people who are offended by it. Political hosts can say the things that they want to say, but there are shock jocks who say inappropriate things. It's a fine line.