Friday, October 03, 2003

The Puritanical FCC

The Federal Communications Commission is fining Infinity Broadcasting Corp. for an offensive segment that appeared on a radio show last August. The segment broadcast a couple having sex in New York's St Patrick's Cathedral.

Not that I would normally defend crap radio from big media but why is the government regulating speech? Especially when it's not promoting violence? Unfortunately, the Communications Act of 1934 which established the FCC includes a vague clause about regulating media for "the public interest" which the agency interprets how it wishes.

The most infamous example is FCC v Pacifica, a case that went before the Supreme Court in 1978. Pacifica radio got a slap on the hand from the agency for broadcasting comedian George Carlin's monologue, "Filthy Words" (a transcript of the monologue is included in the court opinion).

I have no clue how Howard Stern gets away with what he does.

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