Supreme Court Could Nix FCC's Indecency Authority

[Mr. Jones]

B&C:

Breaking News

Walden: Supreme Court Could Nix FCC's Indecency Authority

By John Eggerton -- Broadcasting & Cable, 2/27/2007 1:11:00 PM


Greg Walden, member of the House Telecommunications Subcommittee, told broadcasters Tuesday that he wouldn't be surprised if the Supreme Court ultimately throws out the FCC's authority to regulate indecency.
Broadcasters have challenged that authority in court.

Walden, himself a broadcaster—though he is selling his five radio stations—supported raising the FCC's indecency fines tenfold and giving the commission more indecency authority but says the FCC's "patchwork" of confusing rulings has opened the door for the courts.

He told the broadcasters, in town for an NAB-sponsored state-leadership conference during which they meet and greet with legislators and FCC officials, to better educate Washington. "Don't assume we know anything," he said.

For instance, he said, if he had to hire someone to monitor content at his stations, "I might have to start cutting off the signal at 11 p.m."

Walden also warned that broadcasters should have their hands "near the panic button" on the issue of direct-to-consumer drug advertising. "The paternal, all-knowing government is back," he said. "The ad censors are back."

He also said look for investigations into alcohol advertising and pressure to reduce TV violence. He commiserated with broadcasters, saying they were taking the rap for content on the 400 other available channels because they are the easiest target.

Walden said that, if XM and Sirius were allowed to merge, then why shouldn't broadcasters be allowed to own more stations—a plug for loosening media-ownership rules.

[Ace Purple]

From All Access:

The Justice Department is asking for an extension until NOVEMBER 1st to file an appeal of the Second Circuit indecency ruling to the Supreme Court. BROADCASTING AND CABLE magazine reports that the filing of the extension request contains the news that Solicitor General PAUL CLEMENT has decided to go ahead with the appeal and needs extra time to generate the petition.

http://www.broadcastingcable.com/article/CA6483656.html

[AmpedNow]

This needs to wind up in supreme court. We need to know once and for all where broadcasters rights stand, and how much authority the FCC really has concerning content regulation. I've long maintained that being content regulators is not their job, nor was the original intention of its creation. Indecency fines are a free money racket for them.

Like the free market, broadcast markets can and do self-regulate. It's ridiculous to think that NYC and LA should have the same "indecency" standards as Podunk USA.

[genlock]

This needs Indecency fines are a free money racket for them.

Money from the FCC fines goes into the US Treasury General Fund, not to FCC.

[AmpedNow]

This needs Indecency fines are a free money racket for them.

Money from the FCC fines goes into the US Treasury General Fund, not to FCC.

Regardless of where it goes, it's still a racket IMO.

[genlock]

FCC is just trying to control foul-mouthed radio types.
You know, the ones that can't be entertaining without
saying "Fuck" every few seconds.