Could FCC indecency regulations disappear?

Sunday, February 24, 2008 at 10:43 AM
Tags: DOJ, FCC, Terrestrial
George Carlin

That's what the Department of Justice is warning the U.S. Supreme Court about as it weighs in on an FCC indecency decision.

See, the Second Circuit Court of Appeals in New York remanded the FCC's indecency finding against expletives on Fox's Billboard Awards show. The court concluded that the FCC had "failed to provide a reasoned basis for reversing its longstanding indecency-enforcement policy with respect to isolated and fleeting expletives."

According to Broadcasting & Cable, Solicitor General Paul Clement, said the Second Circuit decision left the FCC little room to modify its policy other than two extremes, adding that the court's decision "attempts to coerce the commission to choose between allowing one free use of any expletive, no matter how offensive or gratuitous, or adopting a blanket prohibition on any use of expletives."

In other words, George Carlin's "seven dirty words" might not be found indecent anymore.

Clement said the lower-court decision "effectively prevents the commission from carrying out its charge, and yet it is the commission that will be held accountable for the coarsening of the airwaves."

The U.S. Supreme Court are scheduled to meet on February 29th to decide whether to take the case, though that date could easily be delayed.

[Broadcasting & Cable]

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Comments

This is actually good news for satellite radio . I've agreed with the argument that , if satellite radio is regulated , then HBO and some of this other stuff has to be regulated too .

Hey Ryan ,

No more typing the word ' orbitcast ' for posting comments ?

How bout NO TO CENSORSHIP!!!!

I'm not sure I agree. The FCC quote implies that the second circuit may force them to impose a blanket prohibition on the use of any expletives. The second circuit ruled against the FCC because it showed "judgment" by fining FOX for the utterance of a single "fleeting" expletive. In the past, the FCC has not fined networks for a single "fleeting" expletive that occurred on live television. In other words, the second circuit said- you didn't follow your prior precedent.

The FCC is saying, if you don't let us show judgment, than we will have to choose a blanket prohibition on all expletives.

In other words, I don't believe the FCC will choose to allow the "seven dirty words" I think its threatening to outlaw all expletives if it is no longer allowed to use its own judgment on "fleeting and isolated" incidents of expletives.

So if every channel whether on TV or the radio sounds like the O&A and Stern show then my kids will be asking,"daddy why can't we watch TV or listen to the radio any more?" "well because the Liberals have taken over and are saying bad things that you shouldn't hear. What's next porn on every channel!? Why don't we just turn this whole country into the Roman empire, of course we all know what happened to the Roman empire don't we.

So if every channel whether on TV or the radio sounds like the O&A and Stern show then my kids will be asking,"daddy why can't we watch TV or listen to the radio any more?" "well because the Liberals have taken over and are saying bad things that you shouldn't hear. What's next porn on every channel!? Why don't we just turn this whole country into the Roman empire, of course we all know what happened to the Roman empire don't we.

Posted by: LAPTOP GAMER | February 24, 2008 3:18 PM
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It's time parents start parenting . If you don't like a certain channel , then learn to use the channel block feature . What is it with some of you people , that expect everything to babysit your kids ?


I just finished watching Lily Allen's (the singer) talk show from the UK, I counted 4 F words- and it's on at 10 pm.

We've all seen commercials from Europe that have nudity and adult situations. How many reading this went beserk after seeing them?

I realize those that still believe in the Constitution are few and far between. Conservatives wake up screaming at night with nightmares from the Superbowl costume mishap, liberals go beserk if someone questions their beliefs in college classes, ask a secretary to lunch and you end up in sensitivity class. Sometimes it seems most Americans would be pleased to have the government tell them where to smoke, what to say, what to listen to.

I hope the Supreme Court reminds us this year we have a right to self defense and self expression AND CHOICE. This ruling would be a step in the right direction.

Sadly, Stern is the only thing that keeps Mel and the Merger Maniacs from signing a consent decree giving up their First Amendment rights. If it wasn't for that, they'd give away the store to get this approved.

I suspect they will give away pricing control for years and likely hand of channels to the Georgetown Partner bandits just to get it done.

Whatever happens satellite radio is going to change and not for the better.

They are only words............

"So if every channel whether on TV or the radio sounds like the O&A and Stern show then my kids will be asking,"daddy why can't we watch TV or listen to the radio any more?"

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"Well son because if the word [shit] is uttered on the TV and you hear it, I will go to hell." God will damn me to hell for eternity if my child hears the word [shit]. Now go clean your fuckin' room."

Maybe some of us don't want to raise our kids to sound like trailer trash, but to sound like they have some intelligence.

If you don't want your kids to sound like trailer trash, how about you be a parent and regulate what they hear? Sounds like your kids are the ones running the show in that household. Pussy.

LapTop - Just curious why you blame indecency regulation on Liberals? Have you noticed which sector of society has controlled the Executive (including the FCC) and Judicial branches of government the last decade?

Maybe some of us don't want to raise our kids to sound like trailer trash, but to sound like they have some intelligence.

Posted by: LAPTOP GAMER | February 25, 2008 2:22 AM
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Like I said , learn to use the channel block feature . Regulate what your kids listen to .

That is great unless all of the channels end up sounding like that then I will use the ultimate block, the off button.

I SAY YES TO THIS no more censorship if your trying to shelter your kids from the world your setting them up for disaster because those words are used in every day sentences anyways.

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