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"Court Tosses Out FCC Rules to Curb Indecent Speech


Will be interesting to watch this go through courts as to how it pertains to overall First Amendment rights.


"Court Tosses Out FCC Rules to Curb Indecent Speech


Source Wall Street Journal

"A federal appeals court threw out the FCC's rules on indecent speech Tuesday, in a big win for broadcasters that could lead to a new Supreme Court test of the government's power to control what is said on television and radio.

A three-judge panel of the Second U.S. Circuit Court of Appeals in New York said the Federal Communications Commission's indecency policies violate the First Amendment and are "unconstitutionally vague, creating a chilling effect that goes far beyond the fleeting expletives at issue here." ......."


Entry #2,029


sully16Comment by sully16 - July 14, 2010, 9:31 am
sully16Comment by sully16 - July 14, 2010, 9:31 am
konaneComment by konane - July 14, 2010, 9:43 am
Thanks Sully! The article said to not expect strings of expletives on regular tv because viewers and advertisers would object to such. There's always the option of changing channels or the off button.

I personally am viewing it for the potential of having fewer restrictions on free speech in the long run.
sully16Comment by sully16 - July 14, 2010, 12:02 pm
I was just exercising my right to free speech.
truecriticComment by truecritic - July 14, 2010, 12:28 pm
Object? Darn right. I think a variety of words brought into my living room uninvited is extremely offensive and wrong.   Every new movie is trying to set a new record for the F word.   Every (C)rap song is filled with expletives, yet we can't say something simple like Nigg-- without fear of getting arrested?

I don't want to hear that stuff anywhere in public, TV or in the movies. It seldom adds anything of value to anything. Those words should be reserved for actual angry moments - like when some jerk cuts you off and turns in front of you.

There is no choice of the off button - You don't know for a fact that those words are going to be uttered until they happen.   People use the F word in common conversations - how do you turn that off? Shoot them?

The FCC control shouldn't be needed - TV and movie producers shouldn't have to be told not to use certain words, they should do it without being told!

Since that doesn't happen, I think the FCC should be able to stop people from not only using the words themselves but racy speech in general especially on TV. Two And A Half Men, Family Guy and others should be completely banned from TV until they clean up their shows. I find them disgusting rather than having any entertainment value - and I do use the off button for those and other shows where I already know what to expect.

If "fire" in a theater can be stopped, it shouldn't be any constitutional problem stopping offense language. It should in fact be encouraged.
truecriticComment by truecritic - July 14, 2010, 12:32 pm

...problem stopping "offensive" language.
konaneComment by konane - July 14, 2010, 1:32 pm
Thanks Sully! My reasoning may prove flawed on this issue, but that was my first impression.
konaneComment by konane - July 14, 2010, 1:52 pm
Thanks Truecritic! I don't care for shows with offensive language because those expletives seem to be used as a substitute for more appropriate words a higher level of education would likely have provided. If foul language does flood the airwaves, society will tire of it complain to advertisers and change things.

You said "TV and movie producers shouldn't have to be told not to use certain words, they should do it without being told!"

I agree because expletives are no substitute for plot. Methinks they ran out of plots several movies ago.
Rick GComment by Rick G - July 14, 2010, 5:22 pm
The bad language and gratuitous sex is used to "de-culturize" us. It portrays Americans as uncouth and uneducated. Like Peter Griffin.
konaneComment by konane - July 15, 2010, 12:29 pm
Thanks Rick! Great point, I agree. Has been used to influence world opinion about us which is one of the tools they used to influence political decisions in past elections .... such as the Kerry run which lauded elitist, cultured classes to pressure us into falling into line like Europeans.

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