The U.S. Supreme Court hears arguments today that the Federal Communications Commission is violating broadcast television networks’ right to free speech by imposing decency standards on their content while exempting Internet, cable and satellite programming.
Fox and ABC television networks, joined by NBC and CBS, oppose FCC restrictions on over-the-air indecency and are asking the court to overturn a 34-year-old ruling that created the standard.
The court had ruled that broadcast television and radio are a “uniquely pervasive presence in the lives of all Americans” and “uniquely accessible to children.” The networks counter that is no longer true in today’s media marketplace, in which almost nine out of 10 household have cable or satellite TV. Singling them out is unconstitutional, they argue.
Parents Television Council President Tim Winters said that broadcast channels remain most important because they still carry the most-watched shows, highest paid stars and producers, and biggest advertising prices.
Despite FCC restrictions, the Parents Television Council reports it has documented increasingly violent, profane, sexual and coarse content on every network’s broadcasts. Prime-time profanity increased 69 percent from 2005 to 2010, council researchers report.
More than 1.4 million complaints of indecency on TV are pending before the FCC.
“An overturning of broadcast decency (regulation) opens the door for the airing of hardcore pornography at any time of day — even when children are in the audience — so long as the marketplace would support it,” Winters in a statement. “How does that serve the public interest?”
The Obama administration is defending FCC powers to regulate and fine networks using public airwaves.
Electa Draper: 303-954-1276 or edraper@denverpost.com
