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Senate panel moves to restore FCC indecency policy

By The Associated Press
07.20.07

WASHINGTON — A Senate committee yesterday acted to restore the government’s authority to fine television and radio broadcasters for airing profanities, even if they are fleeting references.

The Senate Commerce, Science and Transportation Committee approved a bill that would undo an appeals court ruling that invalidated the Federal Communications Commission’s new profanity policy.

For years the agency punished broadcasters for airing profanities only if they referred to a sexual or excretory activity.

The agency changed course, contending that use of such common profanities and two words beginning with “s” and “f” are inherently indecent. Broadcasters, led by Fox Broadcasting, challenged the FCC’s decision.

By a 2-1 vote, the 2nd U.S. Court of Appeals in New York tossed out the profanity rules and said the FCC had failed to “articulate a reasoned basis for its change in policy.”

In response came the Protecting Children from Indecent Programming Act (S. 1780), sponsored by Sens. Jay Rockefeller, D-W.Va., and Mark Pryor, D-Ark. It would require the FCC “to maintain a policy that a single word or image may be considered indecent.”

Rockefeller said in a statement that the legislation “is a small but critical step in making sure that the airways remain free of words and images that are patently offensive to the vast majority of Americans.”

Co-sponsors were the committee chairman, Sen. Daniel Inouye, D-Hawaii, and the top Republican, Sen. Ted Stevens of Alaska.

The FCC chairman, Kevin Martin, said in a statement that members of Congress “stated once again what we on the commission and every parent already knows: Even a single word or image can indeed be indecent.”

The agency is considering its options regarding the appeals court decision. They include appealing to the full appeals court, trying to go directly to the Supreme Court or doing nothing.

Unless the agency goes back and justifies its change in policy, the old rules on expletives are still in force.


Related

2nd Circuit: FCC's policy on accidental expletives is arbitrary

Court sides with Fox TV's challenge, says agency's policy might not survive First Amendment scrutiny. 06.05.07

Government must act to curb TV violence, says Sen. Rockefeller

Fellow senator expresses concern about free-speech implications of such a measure, possibility that Congress might pass law that would be invalidated in court. 06.27.07

3rd Circuit to study 'wardrobe malfunction'
Panel to decide whether 2004 Super Bowl halftime incident was indecent or fleeting, accidental glitch that shouldn't be punished. 09.11.07

CBS attorney: Network was careful with Super Bowl halftime show
FCC lawyer tells 3rd Circuit that CBS was indifferent to risk that 'a highly sexualized performance' might cross the line. 09.11.07

Government seeks high court review of broadcast-indecency ruling
2nd Circuit said it was 'skeptical that the commission can provide a reasoned explanation for its fleeting expletive regime that would pass constitutional muster.' 09.27.07

FCC chairman pans common-sense ruling on ‘fleeting expletives’
By Gene Policinski In case involving Cher, Nicole Richie, 2nd Circuit decision won't unleash torrent of televised indecency that agency says it fears. 06.17.07

The FCC's Regulation of Indecency

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