“Bad Words”
Yesterday was not only election day in the U.S. It was the day that the U. S. Supreme Court heard arguments on whether to ban the “f” word and the “s” word in live television broadcasts in prime time.
Prior to 2004, the Federal Communications Commission (FCC) only sanctioned the use of indecent language in a broadcast if it was repetitive and intentional. In 2004, however, the FCC began cracking down on even the occasional use of foul language between 6 p.m. and 10 p.m., when more children watch T.V. This policy change caused a shift in the delicate balance between the broadcasters right to free speech and the parents’ desire to protect their children from indecency in radio and T.V. programming.
When the FCC policy change was challenged (by Fox and NBC, among others) the Federal Court of Appeals for the District of New York ruled that the policy was “arbitrary and capricious”, thus affording victory to the networks.
Where will the Supreme Court draw the line on “bad words”? Who knows, but the election of Obama and the new Dems in Congress will certainly impact the Court — although undoubtedly not so soon as to impact this particular decision.