The Federal Mine Safety and Health Act requires the secretary of labor to # 154055 Cust: PEARSON Au: Cheeseman Pg. No. 737 Title: Business Law C/ M/ Y/ K Short / Normal / Long DESIGN SERVICES OF S4CARLISLE Publishing Services CHAPTER 43 Administrative Law and Regulatory Agencies 737 Critical Legal Thinking Cases 43.1 Government Regulation George Carlin, a ­satiric humorist, recorded a 12 minute monologue called “Filthy Words.” He began by referring to his thoughts about “the words you couldn’t say on the public airwaves” and then proceeded to list those words, repeating them over and over again in a variety of colloquialisms. At about 2: 00 in the afternoon, a New York radio station, owned by Pacifica Foundation (Pacifica), broadcast Carlin’s “Filthy Words” monologue. A father who heard the broadcast while driving with his young son filed a complaint with the Federal Communications Commission (FCC), a federal administrative agency charged with regulating broadcasting. The Federal Communications Act forbids the use of “ any obscene, indecent, or profane language by means of radio communications.” The FCC issued an order granting the complaint, and it informed Pacifica that the order would be considered in future licensing decisions involving Pacifica. Is the FCC regulation legal? Federal Communications Commission v. Pacifica Foundation, 438 U. S. 726, 98 S. Ct. 3026, 1978 U. S. Lexis 135 (Supreme Court of the United States) 43.2 Administrative Search The Federal Mine Safety and Health Act requires the secretary of labor to ­develop detailed mandatory health and safety standards to govern the operation of the nation’s mines. The act provides that federal mine inspectors are to inspect underground mines at least four times a year and surface mines at least twice a year to ensure compliance with these standards and to make inspections to determine whether previously discovered violations have been corrected. The act also grants mine inspectors “ a right of entry to, upon or through any coal or other mine” and states that “ no advance notice of an inspection shall be provided to any person.”
A federal mine inspector attempted to inspect quarries owned by Waukesha Lime and Stone Company (Waukesha) to determine whether all 25 safety and health violations uncovered during a prior inspection had been corrected. Douglas Dewey, Waukesha’s president, refused to allow the inspector to inspect the premises without first obtaining a search warrant. Are the warrantless searches of stone quarries authorized by the Mine Safety and Health Act constitutional? ­Donovan, Secretary of Labor v. Dewey, 452 U. S. 594, 101 S. Ct. 2534, 1980 U. S. Lexis 58 (Supreme Court of the United States)