Read e-book online The FCC and Regulating Indecency (Point Counterpoint) PDF

By Paul Ruschmann

Examines the government's expanding makes an attempt to regulate the airwaves to take care of a customary of decency.

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Some argue that increasing media consolidation has led to more indecency on radio and television. them off the air in the first place. Point1 32 12/15/04 2:54 PM Page 32 THE FCC AND REGULATING INDECENCY our society, and in our media. ” 20 How the FCC Enforces the Indecency Rule In 1989, the Federal Communications Commission fined a Chicago radio station $6,000 for an indecent broadcast. The station’s owner, Evergreen Media Corporation, challenged the fine in court, arguing that the broadcast was not indecent if listened to in its entirety.

The difficulty of checking ages does not diminish the government’s interest in controlling pornography. If anything, it makes that interest even stronger. Senator Exon argued: If someone let a child browse freely through an adult bookstore or an X-rated video arcade, I suspect and hope that most people would call the police to arrest that person. 42 Supporters of Internet pornography legislation also contend that nonregulatory solutions have not worked. Even though filtering software designed to block access to adult Websites has been available for years, many parents neither buy filters nor use parental controls offered by their Internet service providers.

2256(8)(B), which banned sexual depictions of computer-generated images of young people. A challenge to that provision, along with several others, eventually reached the Supreme Court. In Ashcroft v. S. 234 (2002), six justices concluded that the ban on “virtual child pornography” was unconstitutional. Justice Anthony Kennedy wrote the majority opinion. ” He rejected the government’s arguments in favor of the law. Although pedophiles might use virtual children to entice young victims or whet their own appetite for sex, he found that the mere tendency of speech to encourage unlawful acts was not enough of a reason for banning it.

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