Supreme Court ruling treads censorship
Jessica Kumor
Issue date: 5/1/09 Section: Opinion
The U.S. Supreme Court ruled Tuesday that federal regulators have the authority to come down hard on broadcast TV networks that air random cases of profanity. Known as "fleeting expletives," these brief moments of expression play an important role in human communication and removing Americans' ability to hear swear words smacks of censorship.
Yes, profanity is vulgar, blunt and colorful, but it describes a variety of emotions unsuited to anything but.
All the major over-the-air networks, like ABC, CBS, NBC and FOX, in the past six years have aired scripted and unscripted profanity. As a result, the Federal Communications Commission began considering a harsher no-tolerance policy, according to CNN.com. The 5-4 Supreme Court ruling is a victory for Bush administration-era officials, who rallied for fines and sanctions when racy images and language aired, according to CNN.com.
The determination of what is considered racy and indecent is a concern. Who will get the privilege of clarifying what is racy? Is a fleeting expletive cause for harsh punishment?
ABC, CBS, NBC and FOX were the parties in this case against the FCC, according to CNN.com. The case went to the Supreme Court after the federal appeals court in New York ruled in the favor of the networks, stating the FCC policy as "arbitrary and capricious."
The FCC won its appeal to the Supreme Court, seeking restoration of its past power to penalize networks daring to air "indecent" speech.
"It suffices the new policy is permissible under the statute, there are good reasons for it, and the agency believes it to be better," said Justice Antonin Scalia, writing for the conservative majority, according to CNN.com. "Even when used as an expletive, the F-word's power to insult and offend derives from its sexual meaning," Scalia wrote.
I understand the concern of Scalia and the other Supreme Court justices. They are apprehensive about language they consider inappropriate spreading like wildfire or being forced on audiences who are too young or just don't want to hear it. The concern can be addressed, however, with a compromise instead of outright martial law. The FCC should not be given the entire right to determine what is indecent or not.
Yes, profanity is vulgar, blunt and colorful, but it describes a variety of emotions unsuited to anything but.
All the major over-the-air networks, like ABC, CBS, NBC and FOX, in the past six years have aired scripted and unscripted profanity. As a result, the Federal Communications Commission began considering a harsher no-tolerance policy, according to CNN.com. The 5-4 Supreme Court ruling is a victory for Bush administration-era officials, who rallied for fines and sanctions when racy images and language aired, according to CNN.com.
The determination of what is considered racy and indecent is a concern. Who will get the privilege of clarifying what is racy? Is a fleeting expletive cause for harsh punishment?
ABC, CBS, NBC and FOX were the parties in this case against the FCC, according to CNN.com. The case went to the Supreme Court after the federal appeals court in New York ruled in the favor of the networks, stating the FCC policy as "arbitrary and capricious."
The FCC won its appeal to the Supreme Court, seeking restoration of its past power to penalize networks daring to air "indecent" speech.
"It suffices the new policy is permissible under the statute, there are good reasons for it, and the agency believes it to be better," said Justice Antonin Scalia, writing for the conservative majority, according to CNN.com. "Even when used as an expletive, the F-word's power to insult and offend derives from its sexual meaning," Scalia wrote.
I understand the concern of Scalia and the other Supreme Court justices. They are apprehensive about language they consider inappropriate spreading like wildfire or being forced on audiences who are too young or just don't want to hear it. The concern can be addressed, however, with a compromise instead of outright martial law. The FCC should not be given the entire right to determine what is indecent or not.
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