Congress, doing more excellent work:
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.Because who cares about war, violence, famine, or disease. The real problem for children in this country is... bad words! What a bunch of fucking bullshit. Posted by Stephen Silver at July 26, 2007 01:48 PMThe 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."
What about swear words made up of two other words? For instance, can someone say, "Finish it" even though it contains "shit"?
Posted by: Jeremy at July 26, 2007 08:09 PM"The Protecting Children from Indecent Programming Act introduced by Senator John Rockefeller (D-WV) would effectively overturn the court decision..."
I agree with you sentiments, but as to the specifics, no it wouldn't. Not effectively, anyway. The court previously decided the issue narrowly as a matter of applying the APA: it was an administrative law decision. Since this bill would create a stutute later in time than the APA, it would trump the APA to the extent they conflict. It wouldn't, however, trump the First Amendment or the Due Process Clause of the Fifth Amendment, matters that the court didn't have to reach because it was able to decide the questions on statutory grounds.
Posted by: Dave J at July 26, 2007 09:19 PM