FCC Hires Law Professor Who Believes Broadcast Indecency Laws Are Unconstitutional

from the that-seems-like-a-good-thing dept

There are many people out there who are greatly troubled by the way the FCC "enforces" efforts against broadcast indecency -- with some even questioning whether or not it's even constitutional for the FCC to act as a public arbiter of indecency. It looks like the FCC has just hired one such person, in the form of Duke telco law professor Stuart Benjamin. Since I consider myself among those who question how indecency fines can fit with a First Amendment, this seems like a good thing -- but the reporting on it, at the link above, only focuses on the complaints about this hire. But the complaint comes from the Parents Television Council, whose main claim to fame is flooding the FCC with bogus complaints about "indecent" programming from people who didn't even see whatever it is they're complaining about. So you can understand why they might complain. If they lose the ability to create moral panics, it's harder to keep going.

Filed Under: free speech, indecency, legality, stuart benjamin
Companies: fcc

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  1. icon
    rwahrens (profile), 17 Dec 2009 @ 10:18am

    Re: Re: How do I impose my standards on a live event?

    Actually, even if you have no kids, you've hit the nail right on the head.

    The ONLY way to protect kids from inappropriate content is to arm them with values and standards to begin with. Teach them what is right and wrong and WHY it is right or wrong.

    Once they get into puberty you've lost them anyway if you've not done it till now, so trying to keep that inappropriate content away from that 13 year old is like trying to keep a bird from flying.

    But if you've pre-immunized them by instilling them with values and standards, any such bad content will not matter - they'll laugh and titter over the funny stuff and roll their eyes and change the channel when they run into stuff they know violates those standards - all by themselves, without your input. They'll do it of their own volition, too, even if you are not there.

    Or if they watch it anyway, it won't harm them, because they now know better, because you taught them right from wrong.

    If you don't trust that 13 year old by now - its too late and you've missed the boat!

    The whole point here is - it is YOUR place to set the standards for your family - not the government, because the guys in government that set the rules more than likely will never meet your standards.

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