Cher
The Associated Press

She didn't watch her mouth.

Featured Topic | Posted 36 weeks 6 days ago

I swear: Supreme Court to take look at FCC's indecency rules

The Supreme Court on Monday stepped into a legal fight over the use of curse words on the airwaves, the high court's first major case on broadcast indecency in 30 years. The case concerns a Federal Communications Commission policy that allows for fines against broadcasters for so-called "fleeting expletives," one-time uses of the F-word or its close cousins -- and fines the FCC levied after Cher and Nicole Ritchie swore on live television.

Should the FCC ease up on the restrictions? Or should broadcasters clamp down on indecency?

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Ben likes: Criminal sanctions for poor parental judgment?

Adam Thierer/Technology Liberation Front

In a free society, public officials should not act in loco parentis when parents have the power to make media decisions on their own. Raising children, and determining what they watch, play, read, listen to, or download, is a quintessential parental responsibility. We should leave it that way and keep the threat of criminal sanctions for poor parental judgment out of the discussion.

The more constructive and far less authoritarian approach to the issue would be to find additional ways to further empower parents to make decisions about acceptable media content in their homes. Shame on those public officials or self-appointed culture cops who would suggest otherwise -- especially when criminal sanctions against parents are part of their regulatory playbook.

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Joel likes: Expletive policy deleted

New York Times

For years, the F.C.C. had a reasonable, practical approach to live broadcasts. It recognized that coarse language sometimes slips in and if the offensive words were relatively isolated events, stations could carry them without fear of punishment. But in recent years, the F.C.C. decided to go after broadcasters that carry programs with even “fleeting expletives,” like Cher’s and Ms. Richie’s.

The Second Circuit did not need to reach the constitutional issues in the case. But it rightly pointed out that the F.C.C.’s “fleeting expletives” policy also raises serious First Amendment concerns. That suggests that even if the commission tried to improve its reasoning, the policy would still be struck down. The F.C.C. should return to the more reasonable approach it once took to regulating live broadcasts and focus on more important issues than Cher’s and Ms. Richie’s colorful language.

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