AdvanceUSA Blog - Broadcast Indecency

“Court Strikes Down FCC Indecency Rules on Fleeting [Profanity]”

AdvanceUSA — Mon, 19 Jul 2010 14:39:43 GMT

Cecilia Kang reports. Is anyone else noticing a pattern of unelected judges imposing their moral values (or lack thereof) and ideological beliefs on the rest of us?

“Supreme Court Rules that Government Can Fine for 'Fleeting Expletives'”

AdvanceUSA — Thu, 30 Apr 2009 20:04:49 GMT

The Washington Post reports. As does CitizenLink.

“Take Action: Protect Children from Harmful Media”

AdvanceUSA — Wed, 15 Apr 2009 21:50:00 GMT

CitizenLink explains and shows you how to take action.

“Court Tosses FCC 'Wardrobe Malfunction' Fine”

AdvanceUSA — Tue, 22 Jul 2008 14:57:40 GMT

The Third Circuit Court of Appeals has just made it nearly impossible for the FCC to restrict any indecency or obscenity over the publicly owned airwaves (even when children are likely to be in the broadcast audience). The Court ruled that the FCC could not fine CBS for the famous Janet Jackson “wardrobe malfunction” during the 2004 Super Bowl halftime show. Excerpt of AP report:

But Tim Winter of the watchdog organization Parents Television Council said the court's decision "borders on judicial stupidity."

"If a striptease during the Super Bowl in front of 90 million people — including millions of children — doesn't fit the parameters of broadcast indecency, then what does?" Winter said in a statement.

Broadcasters “Thumb Nose” at 24/7 Obscenity as Supreme Court Set to Hear FCC Case

AdvanceUSA — Tue, 01 Apr 2008 20:44:33 GMT

Should broadcasters be allowed to air patently indecent or obscene content at any time of day (including when children are likely to be in the audience)? Kristen Fyfe gives a helpful explanation of the case and provides examples of current and future abuses by broadcasters.

Excerpt:

As it stands the Supreme Court is due to consider broadcast indecency in the 2008-2009 term. The 2nd Circuit Court of Appeals ruled last year in Fox v. FCC that “fleeting” expletives should not be fined by the FCC. The FCC appealed the ruling to the Supreme Court, which has not examined the indecency issue since it ruled in the Pacifica case in 1973. For more on the Supreme Court’s decision to hear the fleeting expletives case, click here.

Until the Supreme Court acts to clarify broadcast decency issues, it appears the networks are going to do everything in their power to thumb their collective noses at the FCC and in effect, the American public. All in the name of “entertainment.” Isn’t that hilarious?

“Does Profanity Reign Supreme?”

AdvanceUSA — Wed, 26 Mar 2008 15:59:38 GMT

Brent Bozell, President of the Media Research Center, adds his perspective to the case before the Supreme Court regarding the FCC’s ability to regulate obscenities over the publicly owned airwaves during times when children are likely to be in the audience.

Supreme Court To Examine Broadcast Profanity Rules

AdvanceUSA — Tue, 18 Mar 2008 03:07:21 GMT

Pro-family groups are encouraged that the Supreme Court has decided to hear a broadcast indecency case brought by the FCC. Hopefully, the court will rule that the FCC can regulate even so-called “fleeting instances” of profanity during hours when children are likely to be watching TV or listening to radio.

For more information on this court case or about the issue of broadcast indecency, click here.

“Supreme Court Defers Action on TV 'Expletives' Case”

AdvanceUSA — Tue, 04 Mar 2008 22:05:03 GMT

AdvanceUSA reported Friday that the Supreme Court would announce on Monday (yesterday) whether it would consider the important FCC broadcast indecency case. The LA Times reports that the Court last night announced it will delay taking action on the case (likely until March 17).

Supreme Court to Announce FCC Indecency Decision on Monday

AdvanceUSA — Fri, 29 Feb 2008 19:16:32 GMT

Today the Supreme Court is meeting to decide whether to hear an appeal by the Federal Communications Commission (FCC) over an outrageous decision by the 2^nd Circuit Court. The 2^nd Circuit ruled that “fleeting” instances of profanity were acceptable on broadcast radio and TV at any time of day regardless of the likelihood that children were in the audience. Pray that the Supreme Court takes up this case and gives the FCC the power it needs to enforce common-sense restrictions on indecency over the publicly owned airwaves. On Monday, the high court will announce its decision on whether or not to hear the case.

Regardless of the Court’s decision Monday, this issue reveals the importance of passing common-sense legislation in Congress which will clarify that the FCC can do its job (even for so-called “fleeting” instances of profanity). Our thanks to FCC Chairman Martin for his leadership.

Check back with AdvanceUSA for the latest on this important moral and cultural issue.

“Indecency Legislation Stalled in U.S. Senate”

AdvanceUSA — Wed, 06 Feb 2008 20:08:31 GMT

Because of a court ruling so called “fleeting instances” of indecency or profanity are allowed on broadcast television. CtizenLink reports that federal legislation to close this broadcast indecency loophole is stalled in the U.S. Senate. Excerpt:

Legislation stuck in the U.S. Senate would give the government more power to clean up television.

In order to ensure the Federal Communications Commission’s (FCC) ability to fine broadcasters over "fleeting" instances of profanity or nudity, the Protecting Children from Indecent Programming Act (S. 1780) needs to be voted on by the full Senate.

…

Weiss said the law is needed after four television networks sued the FCC for the right to air profanity at any time of day. The 2nd Circuit Court of Appeals ruled in favor of the networks last year; the FCC has appealed the case to the U.S. Supreme Court.

“The networks act as if they own the airwaves and are fighting with everything they have for the ‘right’ to pollute them as they see fit,” Weiss said. “The law, however, states that the public owns the airwaves and has some say over how they are used. We have an opportunity right now to directly impact our culture, but we must make our voices heard for that to happen.”

Graphic source: CitizenLink

NOTE: For different conservative perspective on TV indecency regulations check out Stuart Epperson’s testimony before the Senate Commerce Committee in 2006 which was reposted at Townhall recently under the title “The Law of Unintended Consequences: Well meaning efforts to target indecency could come back to haunt us.” Conservatives often disagree about the proper role of government in these matters, but many conservatives recognize a legitimate role for government to prohibit indecency on publicly owned wavelengths (much as governments rightfully prohibit public indecent exposure).

New Website: “How Cable Should Be”

AdvanceUSA — Mon, 01 Oct 2007 21:47:15 GMT

The Parents Television Council has set up a new website called HowCableShouldBe.com. At this site you can calculate how your cable bill would improve if you could pick and chose what channels your home received, and you can find more information about cable choice.

Some in the pro-family community advocate “Cable Choice” as a way to benefit consumers and give families greater control over the programming entering their homes. While there is some debate among conservatives over whether certain cable choice legislation inappropriately allows the federal government to over-regulate business, it is undeniable that greater cable choice would be appreciated by many consumers.

“Bill Would Punish Fleeting Expletives on Broadcast TV”

AdvanceUSA — Thu, 20 Sep 2007 20:05:21 GMT

CitizenLink reports:

The Protecting Children from Indecent Programming Act that was introduced in the U.S. House Tuesday would make it clear that fleeting expletives should not be allowed on radio and TV stations. The 2nd U.S. Circuit Court of Appeals ruled in June that Congress really didn't mean for such expletives to be considered indecent, and reversed fines levied by the Federal Communications Commission (FCC).

Rep. Charles "Chip" Pickering, R-Miss., said he introduced the bill to set the record straight.

New Report Exposes “Family Hour” TV Programming

AdvanceUSA — Tue, 11 Sep 2007 20:45:33 GMT

A new report by the Parents Television Council looks at sex, foul language, and violence during the “family hour” on network television.

Court Approves of “Fleeting Expletives” Anytime on TV

AdvanceUSA — Tue, 17 Jul 2007 15:29:12 GMT

In a blatant display of judicial activism, the 2^nd 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.

Broadcast Decency and Everyday Decency

AdvanceUSA — Thu, 14 Jun 2007 14:37:45 GMT

Who cares about profanity? The FCC does, the Second Circuit Court doesn’t (it seems), and the general public ____________. Daniel Henninger of the Wall Street Journal examines profanity’s acceptability in various aspects of American life.

Federal Court Hurts Effort to Combat Broadcast Obscenity

AdvanceUSA — Tue, 05 Jun 2007 23:26:11 GMT

The Second District Court of Appeals has dealt a setback to good efforts of the Federal Communications Commission (FCC) to protect children by combating broadcast indecency on the publicly-owned airwaves. AdvanceUSA is happy to report that friends at the FCC have given assurances that the fight must and will go on.