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Nicole Nail
Berin Szoka: Time for the Supreme Court to End FCC Indecency Censorship (TV Squad)
Does the First Amendment allow the FCC to censor "indecent" content like the
occasional curse word or a brief glimpse of a bare butt on broadcast TV? The
Supreme Court hears arguments on this question Tuesday in FCC v. Fox -- the
first time in more than 30 years the Court will squarely confront this
constitutional question. The case stems from the use of "fleeting" expletives
by Nicole Richie and Cher at the Billboard Music Awards show nearly a decade
ago, which prompted a draconian crackdown on broadcasters by the Bush FCC in
2004.
Our five organizations -- which differ widely on many issues -- have filed a
joint amicus brief urging the court to recognize that the Constitution demands
an end to FCC censorship of television, given the fundamental transformation
of the media landscape. In its 1978 FCC v. Pacifica decision, the Court gave
broadcasting less protection than other media (like newspapers) because it was
both "pervasive" in American culture and "invasive" -- an "intruder" in the
home from which parents were powerless to protect their children. But that
rationale long ago disintegrated.
When a federal appellate court struck down the FCC's indecency rules last
year, ...
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