Supreme Court gives FCC power over profanity on TV
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In its first ruling on TV and profanity in three decades, the Supreme Court Tuesday gave the Federal Communications Commission (FCC) the authority to fine broadcasters for one-time utterances of "indecent" language. The ruling targets time periods when children are "likely to be watching," which had traditionally included all of prime time except the last hour. That language is sure to be debated. But in the current harsh economic climate, what network or local station manager would run the risk of a huge government fine over profanity? You have to wonder what this will mean in terms of the networks' ability to create and air adult drama and comedy. |
Tuesday's ruling grows out of an appeal by the major networks challenging the FCC's authority for imposing fines for one-time utterances of profanity -- often referred to as "feeling expletive."
"It suffices the new policy is permissible under the statute, there are good reasons for it..." Justice Antonin Scalia said, writing for the conservative majority responsible for the 5-4 ruling Tuesday.
The court declined to decide whether the FCC policy violates the First Amendment guarantee of free speech. That's a major distinction. The justices Tuesday called for the free-speech aspect to be reviewed again by a federal appeals court. But, of course, the free speech of the broadcasters will already be altered by the ruling.
ABC, CBS, NBC and Fox are the four networks involved in the case. A federal appeals court had previously ruled in favor of their appeal of the FCC policy, labeling the FCC's policy "arbitrary and capricious."
The FCC then took the case to the Supreme Court, seeking to reclaim what it saw as its inherent ability to fine the networks airing "indecent" speech, even if an "indecent" word is broadcast only one time.
Fines leveled in the wake of utterances by Bono, Cher and Nicole Richie at televised awards shows in 2002 and 2003, as well as dialogue in the defunct ABC cop drama, NYPD Blue, led to the controversy.
(AFP/Getty Images file photo of the Supreme Court building in Washington by Shawn Thew)
Comments
I agree with this ruling and hope that networks would realize that most adults do not want to hear profanity on television.
Posted by: Anonymous | April 28, 2009 11:40 AM
I disagree. When Bony drops an f-bomb during a live awards ceremony, that's not necessarily something a local affiliate has control over.
I may be wrong according to the SCOTUS, but I believe using the FCC to police content for "baaaaaad words" and sex is a waste of time and money.
Posted by: Tyler | April 28, 2009 12:45 PM
"You have to wonder what this will mean in terms of the networks' ability to create and air adult drama and comedy."
Well, they seemed to do it quite well way back when. Remember Playhouse 90, Hallmark Hall of Fame, The Twilight Zone, and many others? I remember some very powerful shows aired without "fleeting expletives." Sitcoms were able to deliver comedy also. Did Seinfeld rely on single or nonstop expletives for its humor?
I guess we'll have to continue to go to the Cable Networks for the hip, edgy, and youth-oriented shows. They don't seem to come under the power of the FCC. Interesting contrast to have two sets of programmers, one restricted in what they can say and one not.
As for the live shows, do they still have the 10 second delay? That used to allow the Network to bleep out such remarks. Not just say "Oh, [bleep], what'd he just say?"
Posted by: Retired in Elkridge | April 28, 2009 2:10 PM
People use profanity and indecent words when they are not intelligent enough to come up with a decent acceptable word to express themselves. I am all for this new ruling and the FCC should police it and act quickly, enough is enough.
Posted by: Donna Dye | April 28, 2009 2:11 PM
Did Seinfeld rely on single or nonstop expletives for its humor?
No, just jokes about genital "shrinkage", breast augmentation, masturbation and other family fare.
Posted by: Da | April 28, 2009 4:28 PM
Every show that I have watched in the last few weeks has increase their profanity alot. They all have used inappropriate vocabulary many, many times, a few of these shows are, NCIS, CSI, Law and Order, Monk, Psych, ,Trauma, White collar, and Many other shows. As a parent and a school teacher I have seen how much cussing has increased in students. Young children now feel that cussing us part of normal language because that is what they hear all the time. They are not capable of controlling what comes out of their mouths. It is also increasing the the fighting and violence, and they are having a difficult time controlling their
anger . Why is it continuing to get worse instead of better???
Posted by: mom | October 24, 2009 8:50 PM
Mom,
I agree!! I have teenage daughters in public high school and the language and what the teachers have to put up with. I am sure television is one of the biggest influences for lending to this kind of behavior.
From what I read though I am not sure the FCC was given authority over cable or sattelite channels. If that is the case it is not helping a lot. I do think that the Hallmark channel edits some of its programming because we have the Jesse Stone movies on DVD and watching on the Hallmark channel some was obviously edited.
They need to follow- through this this, I believe it does affect young people and causes more disrespect.
Posted by: Anonymous | October 24, 2009 10:14 PM