If you are referring to Amateur Radio (Part 97), the FCC does not coordinate (which is the proper term, not regulate, nor permit, or allow, or license, etc) repeaters or any specific frequencies used with them. An amateur radio operator (person or club) is free to establish a repeater...
[source: Illinois First Amendment Center]. Yet inMiller v. California, the 1973 Supreme Court found that Miller's speech did not qualify for protection, not necessarily because it was obscene, but because states had the right to regulate thedistribution of pornography, and because Miller's ...