U.S. Supreme Court Hears Case on Broadcast Indecency

Today the U.S. Supreme Court heard a case on broadcast indecency. The case is FCC v. Fox Television Stations. The FCC issued large fines to Fox for foul language during live broadcasts of awards shows. Nicole Riche said "fuck" and "cow shit' and Cher said "fuck". The problem is the FCC has been loose with their rules and the networks are now afraid to broadcast since they don't know what's allowed and what's not. A broadcast of Saving Private Ryan got no fines.

It's an interesting case. On the one hand is free speech, since the FCC is regulating the content of the broadcasts. On the other hand the networks are ok with some constraints but in live broadcasts it's difficult to stop things (though why a 10 second delay doesn't work I don't know).

I'm sure I'll see many more articles on this case but the LA Times article had a few interesting points.

"Chief Justice John G. Roberts and Justice Antonin Scalia made clear that they strongly support the drive to keep the F-word and the S-word off broadcasts during the hours when children and families are likely to be watching. But they may not speak for the majority. Justice John Paul Stevens commented that the F-word, in some formulations, can be "very funny." He also wondered whether the government could ban other words that refer to sex or excrement."

If you're an originalist, as Scalia certainly is, where in the Constitution does it say the federal government has the power to ban any form of speech? I'm ok with the FCC banning broadcast indecent speech but I'm not an originalist.

"U.S. Solicitor Gen. Gregory Garre, defending the FCC, urged the court to allow the new policy to go into effect. The rules against broadcast indecency create a "safety zone" for families, he said. Cable TV channels have edgier programs, but "broadcast TV is the one place where Americans can turn on the TV at 8 o'clock and not expect to be bombarded by indecent language," he said. Chief Justice Roberts, agreeing, said that "all sorts of other media are available" for those who are not bothered by more open use of profanity, sex or violence."

Broadcast TV is not the "one place" you can be free of adult content. Cable isn't just for adults. My friends with kids all tell me they watch Nickelodeon, the Disney Channel and the Cartoon Network. There are plenty of cable channels for families, including ABC Family and even an HBO Family. If you're concerned about the language you'll hear, why are you letting your kids watch an awards show with Paris Hilton and Nicole Ritche?

"The outcome was especially hard to forecast, however, because several justices said little or nothing. They include Justice Samuel A. Alito Jr. and Anthony M. Kennedy." Kennedy did ask a few questions, but Alito and Thomas were silent.

A 74 page PDF of the oral arguments is here.