The Lincoln Plawg - the blog with footnotes

Politics and law from a British perspective (hence Politics LAW BloG): ''People who like this sort of thing...'' as the Great Man said

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Tuesday, March 29, 2005
 

FCC and indecency: hope lies in the courts


The appointment of Kevin Martin has caused a flurry of interest in the issue.

The CJR blog flags some pieces on the subject- durable URL to the NYT piece.

There is action in Congress; as in the 108th, the best chance is to see the houses at loggerheads, in conference or, better still, acknowledging the impossibility of reaching agreement without bothering with a conference. To this end, we have the Rockefeller bill (love these Dem Comstocks! Not) S 616: the Indecent and Gratuitous and Excessively Violent Programming Control Act of 2005.

S616 is stuffed with goodies absent from the corresponding House bill. Here's hoping...

A lasting solution lies exclusively in the courts, however: only by a finding that the indecency and profanity elements of 18 USC 1464 (still stuck in the memory!) are unconstitutional will the cancer be excised. Some broadcaster has to step up and litigate. Simple as that.

(There's been an excellent showing of independence from the judiciary in refusing to pander to the elected branches' Schiavo circus, one might point out...)


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