Networks Sue FCC Over Censorship
Written by Brian Garst, Posted in Liberty & Limited Government
FOX Television, CBS, NBC File Arguments in First Amendment Case Against FCC
The government is violating the First Amendment by embarking on a “radical reinterpretation and expansion” of its power to punish broadcasters for indecent speech, a federal court was told Wednesday by FOX Television Stations Inc.
FOX, CBS Broadcasting Inc., NBC Universal Inc. and NBC Telemundo License Co. are suing the Federal Communications Commission, challenging the way the agency metes out punishment for airing shows that contain profanity. FOX filed formal arguments in a federal appeals court in New York. Later in the day, CBS and NBC also filed briefs.
The New York case is proceeding at the same time as a separate CBS challenge in a federal appeals court in Philadelphia, where the network is protesting an FCC fine over the partial disrobing of pop star Janet Jackson during a Super Bowl halftime show.
In contrast to the Jackson case, FOX is challenging what it calls an unprecedented campaign by federal regulators to punish broadcasters for airing “unintentional and isolated expletives” during broadcasts.
“The result is the end of truly live television and a gross expansion of the FCC’s intrusion into the creative and editorial process,” FOX argued in its court filing.
The FCC offers a prime example of unnecessary government regulation. They shouldn’t be handing out any punishments for profanity. There are ample ways for consumers to express a desire for profanity free television, if that is what they desire, without the interference of government. Free markets tend to work best when they are free, believe it or not.
I serve as Vice President of the Center for Freedom and Prosperity, a non-profit think tank dedicated to preserving tax competition and free markets. This site features my personal views, which are not reflective of CF&P.