Tuesday, April 2, 2013

Free speech, indecency, and the FCC

Over the past decade the Federal Communications Commission has aggressively fined TV and radio stations for airing indecent material, including "fleeting expletives." The Supreme Court has struck these down due to their being overly broad and vaguely enforced. But there are constitutional arguments to be made against these restrictions as well.

So these proposals often pit free speech groups against parent's advocacy groups - among others. FCC regulations amount to censorship according to free speech advocates.

The recent court rulings, plus a back log of complaints (1.4 million) has led the FCC to rethink its rules. They have issued a request for "public comment on a proposal that would focus on penalizing only "egregious" cases." 

From the Hill:

The proposal would be a shift away from the agency's past policy, adopted during the Bush administration, of penalizing even "fleeting expletives."

The commission asked for input on how it should handle expletives and brief non-sexual displays of nudity. The rules only cover broadcast TV and radio stations—not cable, satellite or Internet content.

FCC Chairman Julius Genachowski, who plans to step down in the coming weeks, did not issue any indecency fines in his four-year tenure. He had noted that the agency's authority was in legal limbo due to lawsuits claiming the policy violated constitutional free speech rights.

- Click here for FCC v. Fox.