In a
blatant display of judicial activism, the 2nd Circuit Court of
Appeals recently ruled that the Federal Communications Commission (FCC) could
not intervene in cases of “fleeting instances” of indecent words or images over
the broadcast airwaves. This ruling, in effect, makes last year’s penalty
increase passed by Congress totally ineffective. Senator Sam Brownback
(R-KS) recently proposed an amendment to the Financial Services and General
Government Appropriations bill to give the FCC authority to enforce indecency
regulations even for “single word[s] or image[s].” The amendment was
defeated in committee, but thankfully Senators Rockefeller (D-WV) and Pryor
(D-AR) have introduced
the same legislation as a separate bill (S. 1780).
It is crucial that this bill be passed before the oral arguments begin in the
notorious “Janet Jackson wardrobe malfunction” court case so that the FCC has
solid guidelines with which to defend its intervention in that perfect example
of “fleeting indecency.”
Senators
should be aware that “a vote against S. 1780 is a
vote for airing the f-word and s-word [and indecent images] at any time of day
on broadcast airwaves.” AdvanceUSA applauds the efforts of Senators
Brownback, Rockefeller, and Pryor to protect
the publicly owned airwaves from being used to broadcast indecency
during hours when children are watching.