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Senate Committee Passes FCC Indecency Bill

An anonymous reader writes "US Senate Commerce Committee today passed a bill that would allow the 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. '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 claims. 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.'"

6 of 507 comments (clear)

  1. Liability and A/V issues? by vigmeister · · Score: 3, Interesting

    Who is responsible for accidental broadcasting of expletives. the example that comes immediately to mind is the stump microphone used in cricket that picks up on field chatter and sounds that add to viewer experience (would be like a mic placed on the bases in baseball). If a player accidentally curses, it is heard world over and in most instances, the commentators entirely ignore it or express that a certain player is extremely angry. Would the player be fined?(fair IMHO) or would the network be punished?(unfair IMHO). Here's an example of it in cricket:
    http://www.youtube.com/watch?v=36SLpqAymTE

    Who would be liable for this? Who SHOULD be liable?

    Another issue is that even if it is bleeped out through human monitoring (with a 10 second delay or something), can mouthing of the word be considered as 'broadcasting' it? Communication is not only about sound, but given the weird laws regarding recording cops' audio/video output, it might be a similarly absurd law.

    Or maybe I just don't understand TFA.

    Cheers!

    --
    Atheist: Buddhist in a Prius
  2. FCC by Ender77 · · Score: 3, Interesting

    FCC = FEDERAL CENSORSHIP COMMITTEE The are like the RIAA of television. Turning everything they touch to *Bleep*

  3. Re:The evil CDT by rbochan · · Score: 3, Interesting

    When I was 7, one of my teachers was being a complete bitch and I _did_ tell him to fuck off.
    My grandmother, another (English) teacher in the building, got to meet me at the principal's office with my teacher. She asked about the situation, and stated, in no uncertain terms, that I'd used the (sic) appropriate language for the situation and she'd have told my teacher the same thing. Though she said that she'd prefer that language wasn't used in school, it at least had not been for pure folly. The principal agreed.
    Gotta love us some English teachers :o)

    --
    ...Rob
    The American Dream isn't an SUV and a house in the suburbs; it's Don't Tread On Me.
  4. Re:The evil CDT by CaptJay · · Score: 5, Interesting

    In a funny twist of english influence over french-speakers in Quebec, we imported 'fuck' into our day-to-day speech.

    We use 'fuck' extremely casually: 'ah fuck!' is often used when a native english speaker would say "Ah, geez!", and 'fuck it!' is used just as casually...

    Just wanted to add another example to your argument that the actual word has nothing to do with it, rather it's the way people are used to hearing/saying it in their culture.

    --
    "I remember Y1K, every abacus had to get another bead"
  5. Re:The evil CDT by hrvatska · · Score: 4, Interesting

    a 7 year old that says "fuck off" I'll bet you $80.00 that daddy says it on a regular basis.

    You're neglecting to consider the power of peer influence. None of my adult relatives swore in my presence, but I sure knew how to cuss by the time I was in 5th grade. This was solely because a lot of my friends did. I never swore in front of my adult relatives, but I'd cuss outside of their ear shot.

    One time, when my son was in kindergarten, he was sitting at home with me, my wife and my parents. A series of jokes were told, and everyone was laughing. All of a sudden my son blurts out 'you can kiss my fuckin' pussy!' Everyone gets quiet and looks over at my son. He knew at that point that perhaps he had said something inappropriate. I calmly asked my son why he had just said what had said. He said that all the older girls on the school bus shouted that at each other and then laughed, and he thought as long as we were all being so jovial he'd contribute. I had made it a point of never swearing in my son's presence, and I know none of his other adult relatives did. He was evidently picking up quite the vocabulary outside of the house, though.

  6. Re:Obligatory by fyngyrz · · Score: 4, Interesting
    And yet there are plenty of restrictions on "free" speech.

    Yes, there are. And every one of them is illegitimate. There is nothing to "interpret" about Congress shall make no law ... abridging the freedom of speech. anyone who thinks there is has simply demonstrated they are unqualified to read, much less "interpret" basic English. And that includes partisan, special-interest sycophants who we have had the misfortune of having appointed to the supreme court.

    You seem to be of the persuasion that if it is law, it is OK. The fact is, if the constitution forbids it, and it is done anyway, it is wrong and illegitimate and coercive, and no amount of "interpretation" can make it any better. There is no authority given to abridge the freedom of speech; congress is not allowed to make any such law. End of story as far as legitimacy goes, barring constitutional amendment.

    --
    I've fallen off your lawn, and I can't get up.