Monday, April 2, 2007

Drop that remote control!

The Federal Communications Commission is set to release a report paving the way for increased regulation of television -- and politicians are poised to drive right down that road to increased censorship.

According to The National Journal: "The report concludes that Congress can regulate violent TV images without compromising the First Amendment."

That seems like a doubtful proposition to me, but I wouldn't be surprised if the courts backed up the FCC notwithstanding the actual words of the Constitution. Broadcast media have long been exempted from many legal protections for speech under the dubious claim that the airwaves are public property, and therefore subject to the whims of our political overlords who, it is claimed, represent the public.

But the fallout from the FCC's decision may extend beyond the already government-dominated sphere of broadcast media to relatively free cable and satellite operations. According to a press release on Senator Jay Rockefeller's (D-19th Century) Website: "Senator Rockefeller stated his plans to re-introduce legislation which would expand the FCC’s regulatory authority over indecent material to cable and satellite programming and would give the FCC explicit authority over violent programming."

It's hard to see how Sen. Rockefeller's ambitions square with the First Amendment. Broadcast stations may be subject to government regulation, but cable and satellite don't use the (allegedly) public airwaves. The government doesn't have a foot in the door to control content. That should, on its face, guarantee cable and satellite the same treatment as the print media, in terms of free speech protections.

That point will certainly wind up in court, if the good senator follows up on his vow to celebrate the FCC report with censorship legislation. Without doubt, it looks like it'll be a chancy year for freedom of expression.

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1 Comments:

Anonymous battery said...

It is cool.

June 23, 2008 3:13 AM  

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