FCC policy: unconstitutional…or really unconstitutional?
Monday, March 17th, 2008The FCC’s ‘fleeting expletive’ policy, in which the FCC levies fines for the use of certain words in certain ways in TV broadcasts, is heading to the Supreme Court. The FCC is appealing to the Court of God after a New York appeals court ruled the policy invalid and likely unconstitutional.
There are a few cases out involving the major broadcast networks, with CBS still challenging its $550,000 fine for the earth-shattering nipple of Jackson Superbowl incident of 2004 (which changed everything) and NBC fighting a fine derived from Bono finding his 2003 Golden Globe to be not only brilliant, but “F’ing brilliant.”
The case heading to the Supreme Court centers around FOX and the 2002 and 2003 Billboard Music Awards.
Solicitor General Paul Clement, representing the FCC and the Bush administration, argued that the decision “places the commission in an untenable position,” powerless to stop the airing of expletives even when children are watching.
The FCC has pending before it “hundreds of thousands of complaints” regarding the broadcast of expletives, Clement said. He argued that the appeals court decision has left the agency “accountable for the coarsening of the airwaves while simultaneously denying it effective tools to address the problem.”
The solicitor general is absolutely right, because the only hope for parents controlling what is seen and heard in their home is the government. It’s not like TVs come with off buttons or the ability to change channels. What would really solve this problem is some sort of magic (not sure what the FCC’s stance on magic is) or technology (I think they’re okay with technology) that would allow parents to filter what comes through the TV based on its content, but I know, I know, I’m living in a fantasy world. Such a world could never exist, even if the FCC was given power over the manufacture of TVs themselves.
Do you think the solicitor general is ignorant or lying? It can be so hard to tell with our leaders nowadays.
Source: Daily Report
Update:
The LA Times has a good run-down of the history leading up to this case.
