LAC News
Be Careful Little Ears What You Hear …
By By Concerned Women for America Legislative Action Committee (CWALAC) Staff
August 2007

A recent decision handed down by the U.S. Second Circuit Court of Appeals has undone important 2006 federal legislation that held broadcasters accountable for airing indecent programming and content.  In response to the Court's ruling in early June, Senator Sam Brownback (R-Kansas) proposed an amendment during the Financial Services Appropriations mark-up reaffirming the power of the Federal Communications Commission (FCC) to punish broadcasters for airing indecent programming.  The Senate Appropriations Committee then determined it did not have jurisdiction over this matter.  However, immediately following the mark-up, on July 12, Sen. Rockefeller (D-West Virginia) introduced the Protecting Children from Indecent Programming Act (S. 1780), substantially similar to Sen. Brownback's amendment, S. 1780 seeks to restore the FCC's ability to determine that a "one time" use of an expletive or obscene image may be indecent.

A year ago, the Broadcast Decency Enforcement Act passed with much support from child welfare groups and family-friendly legislators.  Support was largely due to lingering public resentment over the notorious "Janet Jackson incident," which aired live before millions of children and adolescents during a Super Bowl half-time show in 2004 and prompted a renewed crusade within the FCC and Congress to make public airwaves more consistently family-friendly.  With the signing of the Broadcast Decency Enforcement Act in June of 2006, the FCC received the power to levee much stiffer fines (up to ten times greater than previous fine amounts) against broadcasters for failing to comply with existing decency standards.  Furthering momentum towards cleaner radio shows and television programs, FCC Chairman Kevin Martin moved issues related to maintaining appropriate public standards and enforcing broadcasting decency to the center of his focus as chairman.  July's Second Circuit Court of Appeals decision finding that the FCC does not have the authority to fine stations for so-called "fleeting" or single utterances of expletives on television is a set-back for the FCC's efforts. 

Yet, thousands of Americans are clamoring for cleaner public broadcasting.  The Protecting Children from Indecent Programming Act would give explicit approval to the FCC to make a "single word or image" indecent, counteracting the Second Circuit Court's ruling.  For example, such legislation would uphold previous FCC-administered fines for celebrities Nicole Richie and Cher, who uttered expletives during the 2002 and 2003 Billboard Music Awards.  If enacted into law, such legislation would also force PBS and other public broadcasters to monitor more closely sexual references and scattered obscene comments.

Commenting on the topic of television indecency, Sen. Rockefeller said, "For years, concerned parents and legislators like myself have encouraged the industry to address growing indecency and violence on television, but they aren't stepping up to the plate. Therefore, the role of Congress must be to protect our children from the gratuitous programming that can have a significant impact on their behavior."

After the bill passed out of the Senate Committee on Commerce, Science, and Transportation, Committee Chairman Sen. Inouye (D-Hawaii) put the bill on the fast track to the Senate floor.  The bill is currently waiting to be voted on, so now is the time to contact your Senators to urge co-sponsorship and support for broadcast decency.  Let's work to protect the eyes and ears of our children by supporting cleaner public broadcasting content.  CWALAC agrees with Sen. Brownback's assessment that "We need to ensure that the public airwaves are not being used to broadcast obscene and profane materials - whether they're fleeting or purposeful."