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The US Supreme Court has agreed to review the issue of expletives on the airwaves, a move that may re-open the debate over broadcast indecency…
The FCC’s policy of fining networks for “fleeting expletives” or isolated utterances, is on hold following a legal challenge by Fox.
Analysts say the media environment has changed substantially since 1978 when the court last ruled on this issue.
The FCC toughened its stance on expletives after a 2003 broadcast by NBC of the Golden Globes award show when U2’s lead singer Bono said that winning was “fucking brilliant”.
The FCC concluded that the word had an inherent sexual connotation, its use violated rules governing decency and the broadcast of the expletive could have been avoided.
Pressure on US broadcasters also grew after pop star Janet Jackson briefly exposed her bare breast during a dance routine at the 2004 Super Bowl, prompting a flood of complaints.
This country is run by “fucking peasants – as far as I can see”.
I guess they would ban Adam Curry.
Has anyone ever argued that since the Congress cannot “regulate” speech due to the First Amendment’s prohibition -“Congress shal make no law …”, they cannot delegate such authority to the FCC, an agency set up to regulate frequency assignments of broadcast transmitters to prevent interference ?
#34 – If nudity and profanity is the point of entertainment, then yes, it’s pretty boring.
I’m imagining a show made up of naked people shouting “fuck you” at each other all day.
On the other hand, when its integral to the plot, such as in Showgirls…
Wait…
Okay… I have to rethink this. I’ll post back later.
What the networks do is “commercial speech”. Not the same threshold of free speech granted to “we the people”.
Commercial speech is censored all the time.
For example, the national do not call list.
#36, Hmeyers,
Artistic works are covered under the First Amendment. Commercial works (words) are not. What is in between those TV “Commercials” is actually artistic work and thus covered by the First Amendment.
The “Do not call” list works on the principle that while the first amendment allows people to speak, it also allows people not to listen. With a telephone call a person is disturbed from their actual privacy. One does not know the purpose of the call, even if they use call display. Participating in a telephone call is considered involuntary.
With a TV program, book, movie, lecture, or church sermon you have the choice of attending or participating before hand. It takes a conscience voluntary act on the part of the person.