Sean,If it seems like you are repeating yourself, you are. WHY YOU ASK???
It is simple. On the surface it seems as if you are in support of what Opie and Anthony did. Maybe you are. All anyone is trying to tell you is what they did was not just in violation of COMMON decency, but in fact was very illegal.
However, I think in reality it is not that you aren't seeing the point, but rather you have an entirely different point I believe. I think, from what I can gather from your posts, is not that you are actually supporting illegal action, but rather a freedom of speech issue.
From a freedom of speech issue, what they did was completely legal. How are they to actually know that someone wouldn't just fake it for the radio. Who is to know? They didn't ask someone to steal anything or physically hurt anyone. And any psychological harm is vague because we are talking about individuals.
When it comes to individuals, each responds differenly from another. A community bands together to write statutes of morals, or laws to live by. These are never posted, and always change from province to province. If no laws exist for the offence charged, community standards are often used to prosecute. However, in most cases, never work, as it is almost impossible to prove community standards of conduct, when you cannot just break into peoples houses to find out how they REALLY live.
We had a similar case here in Utah. Not with radio, but with Videos. A company that I worked for, Movie Buffs, was well known for offering adult videos. We required 21 and over to rent them. We were busted in the small town of Lehi, for violating community standards. After two years and two trials, a total aquittal came. However, the business was bankrupt from legal bills, and bad publicity.
The prosecuting attorney stated "we got a moral victory, we got those smut peddlers out of our town". They spent half a million dollars of state and county money to put 300 people in three states out of work, myself included. And that was thier moral victory.
So I empathize with Opie and Anthony. Not with the stunt, but with the fact that they only did what they always had done. Nothing new there. Would they have actually been convicted of any crime? Unknown. But any group or city can use thier money and clout to put anyone down and out of business if they just throw thier weight around. It isn't right, fair, or MORAL to do so.
If they did truly commit a crime, then they should be charged, prosecuted, and then given a FAIR trial. Only then do you really know if true crime had been committed. Only know, this may not happen at all. Instead, the sig in question got thier way, without due process, which all persons in this country are entitled.
It happens all the time. Even with due process, the wrong things happen still. I do not excuse opie and anthony, but empathize that they did not get due process, or even an opportunity to apologize and move on with thier show.
Dave