US Senate committee passes FCC indecency bill (Oppoman)

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US Senate committee passes FCC indecency bill
Submitted by Adam Thomas on Fri, 2007-07-20 11:00.Americas | United States | News

US Senate Commerce Committee today passed a bill that would allow FCC to fine broadcasters for slip of the tongue expletives, negating a ruling by federal appeals court in New York that commission's policy on 'fleeting expletives' is arbitrary and capricious.

The Protecting Children from Indecent Programming Act introduced by Senator John Rockefeller (D-WV) would effectively overturn the court decision on the Fox Television Stations v. FCC in which the court ruled: "We find the FCC's new policy sanctioning 'fleeting expletives' is arbitrary and capricious under the Administrative Procedures Act for failing to articulate a reasoned basis for its change in policy."

A mandate by Congress that a “fleeting expletive” can now be found indecent will create a vast chilling effect on broadcast speech, the advocacy group Center for Democracy and Technology claimed.

CDT points out that prior to this bill and the FCC’s policy change, the FCC exercised discretion in determining which utterances were indecent, and consistently found that one-time uses of curse words were not indecent.

The bill would empower FCC to find fleeting expletives indecent, it is highly likely that broadcasters will censor themselves even more to avoid being targeted by the Commission, the group argued.

But CDT also points out that if Senator Rockefeller’s bill becomes law, it will certainly force the courts to consider the constitutional question: Does the FCC have First Amendment authority to censor the use of a single curse word over the airwaves?

Currenty, FCC’s constitutional authority to regulate broadcast content rests on the 1978 Supreme Court case FCC v. Pacifica Foundatio in which the Court held that the FCC had properly found comedian George Carlin’s “Seven Dirty Words” monologue to be indecent.
To clarify people's misconceptions.
 

irishloon

Registered User
May 1, 2007
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#4
It overturns the Appeals Court's ruling on the FCC, but then someone will bring this new law in front of the same Appeals Court, and the court will throw out the law, possibly.

Gotta love American legal technicalities. :icon_roll
 

Oppoman

The Douche of Baggery
Apr 18, 2007
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#5
Won't someone please think of the children!!! They heard a bad word, EVERYBODY PANIC!!
 

krisko

Mrs. Fuckin Funny
Jul 29, 2005
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#6
Senator John Rockefeller D-WV....just so everyone knows that it isn't only crazy Republicans. The Fox V FCC case is being heard by the Supreme Court, and as we all know the Supreme Court makes laws now, so we still may be ok.
 

aahpandasrun

No longer endangered
Oct 18, 2006
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#7
I think we can all agree that the FCC's policies stink, but it's nothing to whine about now. It's the corporate indecency policies that need to be fought, as they go way further than the FCC. It's like having cancer and a sore anus, and complaining about the sore anus.
 

Oppoman

The Douche of Baggery
Apr 18, 2007
350
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San Diego, CA
#8
I think we can all agree that the FCC's policies stink, but it's nothing to whine about now. It's the corporate indecency policies that need to be fought, as they go way further than the FCC. It's like having cancer and a sore anus, and complaining about the sore anus.
:clap: Now I smell coffee from snorting it after reading that. Thank you sir.
 

aahpandasrun

No longer endangered
Oct 18, 2006
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#9
Senator John Rockefeller D-WV....just so everyone knows that it isn't only crazy Republicans. The Fox V FCC case is being heard by the Supreme Court, and as we all know the Supreme Court makes laws now, so we still may be ok.
Both parties have a tendency to restrict free speech these days. The conservatives restrict speech of a sexual nature as well as profanity, and the liberals restrict racial speech and such.
 
U

UselessLurker33

Guest
#10
The FCC is full of shit, fuck them. There's worse things in the world then if little innocent 3 year old Timmy hears the word fuck.
 

queeby

Irrelevant Liberal
Jun 12, 2004
396
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#11
That is exactly what the left is constantly clamoring for, more censorship. YAYYYYYY, we did it again!!!!

I have no idea why I ever voted for a Democrat. I really feel like a rube right now.
 

Kris_LTRMa

LoseTheRadio.net's Ma
Nov 17, 2006
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#12
Won't someone please think of the children!!! They heard a bad word, EVERYBODY PANIC!!

Well, we know that words hurt :action-sm

And think about it .... the child who heard the word fuck at the age of 3 could wind up being the sexually confused teenager who blows away his classmates when he's 15...or hearing that word could "turn" him gay ;)
 

BullsLawDan

She A Great Big Fat Person?
Feb 9, 2006
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#13
It overturns the Appeals Court's ruling on the FCC, but then someone will bring this new law in front of the same Appeals Court, and the court will throw out the law, possibly.

Gotta love American legal technicalities. :icon_roll
How is that a technicality?

Republicans and Democrats stink equally.
 

Warren

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May 7, 2006
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#15
Won't someone please think of the children!!! They heard a bad word, EVERYBODY PANIC!!
I love the way that people Say think of the children.."I don't want my kids to here swear words on TV you fuck tard" :icon_roll

I heard more swearing and cussing from my parents then I ever heard on TV
 

jagsfans

Registered User
Dec 26, 2005
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#16
Thank God the federal govt is here to protect us. Lets just keep enjoying the Internet until they find a way to fuck this up too.
 

Captain_Spaulding

MMA > NFL, NBA, MLB, etc...
Dec 18, 2004
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#17
My wife is pregnant and I heard a swear word tonight at the bar in ear shot of her belly. I want a law that allows me to prosecute for utterances in close proximity to the womb.
 

bethm1b

person of interest
Dec 1, 2006
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Just past the line.
#19
In the interest of decency, can't there be some kind of penalty that doesn't end up with the government getting money? They call us sinners for drinking, smoking or gambling and yet they have no problem taxing it to death. These people stink. I also have news for little Tommy's parents. There's a much better chance he's actually been fucked than hearing the word on T.V. or radio.
 

bethm1b

person of interest
Dec 1, 2006
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Just past the line.
#20
Also, If your kids don't hear profanity. How will they know what to call politicians when they grow up?
 

Natesac

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May 22, 2006
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#22
Also, If your kids don't hear profanity. How will they know what to call politicians when they grow up?
:clap::clap::clap::clap:


That is clever... and perhaps line of the thread.

Cheers!
 

iNFaMousToM

O&A Hardcore Newbie Listener
Aug 16, 2005
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#23
Won't someone please think of the children!!! They heard a bad word, EVERYBODY PANIC!!
Let's home school all of our children. You know, since school is the place they hear those "naughty" words for the first and many more times than the radio.
 

krisko

Mrs. Fuckin Funny
Jul 29, 2005
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#24
Let's home school all of our children. You know, since school is the place they hear those "naughty" words for the first and many more times than the radio.
i'm sure the first place they hear those words is out of their own parents' mouths. aside from ultra religious shitbags i've never met a person who doesn't swear. they may not do it as much as i do but it slips sometimes (which is exactly what fucking happened here, a "fleeting explitive").

also, fleeting explitives only happen on live programs like award shows or news programs. Award shows always air in prime time and if these people are so worried about shielding their children from these explitives then they shouldn't allow their children to watch live award shows. The FCC has said that they won't fine news programs who air fleeting explitives because they are a "bona fide" news program, because the words mean different things because one is used on an award show and one is used on the news. fuck means fuck no matter what channel it's said on.

In summary: The FCC are a bunch of hypocritical shitheals, parents should take care of their own goddamn kids, and they are just words so go fuck yourselves :action-sm
 

iNFaMousToM

O&A Hardcore Newbie Listener
Aug 16, 2005
618
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Washington D.C.
#25
i'm sure the first place they hear those words is out of their own parents' mouths. aside from ultra religious shitbags i've never met a person who doesn't swear. they may not do it as much as i do but it slips sometimes (which is exactly what fucking happened here, a "fleeting explitive").
Meh. I for one know that I heard cursing and cursed regularly well before ever hearing either of my parents cursing. Either way, I agree, fuck the FCC and everyone else that allows it to go against the 1st Amendment.