Civil Liberties, From The Web, Government
Arguing that the standards are excessively and unconstitutionally vague, the 2nd U.S. Circuit Court of Appeals struck down the FCC’s broadcast indecency policy earlier this week:
[T]he absence of reliable guidance in the FCC’s standards chills a vast…
Arguing that the standards are excessively and unconstitutionally vague, the 2nd U.S. Circuit Court of Appeals struck down the FCC’s broadcast indecency policy earlier this week:
[T]he absence of reliable guidance in the FCC’s standards chills a vast amount of protected speech dealing with some of the most important and universal themes in art and literature. Sex and the magnetic power of sexual attraction are surely among the most predominant themes in the study of humanity since the Trojan War. The digestive system and excretion are also important areas of human attention.
By prohibiting all "patently offensive" references to sex, sexual organs, and excretion without giving adequate guidance as to what "patently offensive" means, the FCC effectively chills speech, because broadcasters have no way of knowing what the FCC will find offensive. To place any discussion of these vast topics at the broadcaster’s peril has the effect of promoting wide self-censorship of valuable material which should be completely protected under the First Amendment.
The case is likely to be reviewed by the U.S. Supreme Court during its 2010-2011 session. Ironically, this ruling–the first to seriously challenge the FCC’s authority to regulate broadcast indecency, first established in Justice John Paul Stevens’ majority opinion in FCC v. Pacifica (1978)–will take place during the first session after Justice Stevens’ retirement.
Related: The First Amendment
2nd Circuit: FCC Indecency Standards Are Too Vague originally appeared on About.com Civil Liberties on Friday, July 16th, 2010 at 23:45:52.
Civil Liberties, From The Web, Government
2nd Circuit: FCC Indecency Standards Are Too Vague originally appeared on About.com Civil Liberties on Friday, July 16th, 2010 at 23:39:35.
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