Here's the case I mentioned in class this week. The U.S. Supreme Court announced their opinion on this case on Tuesday, April 28, 2009.
Click here to read the news article by the Washington Post.
After you read it, consider whether you agree that the government should fine broadcasters for "fleeting expletives." Also, do you think a First Amendment argument will prevail against this FCC policy? Why or why not? Post your comments.
12 comments:
First, I think the courts should have looked at the 1st Amendment rights. It's like Food Lion trying to get by libel, hollow victory for the FCC. Second, since the "glitteratte of hollywood" is to blame, then blame them. Fine Cher, and Bono every time they drop an "F" bomb on an award show. Even if the broadcasting companies tell celebrities that they'll be fined for expletives do you think they'd give a fuck? Paris Hilton could care less if Fox had to pay for her saying shit ten times in a thirty minute program. So fine those that are careless with the law. That'll shut em up. Third, I think people in america are way to puritanical. In England they cuss, they show nudity on network television. They do it in most countries now. It's funny, we used to be a country that fought for progressiveness. Now we fight to hold on to the old, decrepit, out-of-tune ideas that formed the old world. Come on America, catch up.
Well, I have to agree with Scalia. I don't think that kind of language has any place on broadcast TV or radio. Young kids don't need to be hearing that kind of thing when they're so impressionable. On the other hand, I think Breyer is right, too. The FCC needs to be more clear cut in its actions and fines. Consistancy is crucial. That's where the ball seems to be fumbled. It's a tough call, but I don't think the First Amendment argument will prevail because ultimately, wee ones should be protected from easily accessable sleaze and filth.
I do not believe that broadcasters should be fined for fleeting expletives. If anything those who say the fleeting expletives should be fined. It kind of seems like something that is beyond the control of the broadcaster to me. I think the First Amendment does have a chance at prevailing against this policy. I agree with what Ruth Bader Ginsburg said: "there is no way to hide the long shadow the First Amendment casts over what the commission has done.
Silvia Irizarry T&TH 9:30AM I do not believe that the broadcaster should be fined for fleeting expletives. I feel as if that is out of their control...who knows what anyone will ever say on air. You can't expect the broadcasters to have complete power over what someone says on tv or radio. I do realize that children may be tuning in but I don't think its fair to have the broadcasters pay for something they don't have control over. I do believe that the First Amendment has a chance against this policy.
Fining a broadcast for what somebody says on television is ludacris. Broadcasters have no way of predicting what anyone says, and it's absurd to punish them. If broadcasters are to be fined for live broadcasts, then live broadcasts should be banned altogether because it's impossible to predict what might slip out of a person's mouth. Either this, or force all live broadcasts to be delayed by a minute or so, leaving time to edit out inappropriate language. The First Amendmant has a solid fighting chance to stand up and duke it out with this policy.
I think that there should be some level of punishment to keep a slight level of control but not as harsh as up to $325,000 every time certain words are allowed on the air. I dont think it is the broadcasters fault if someone accidently spills a bad word. I think that once the Supreme Court goes back and rules on the question of constitutionality the broadcasters will win first amendment rights because i think the strength that the first amendment arguement has over this issue is large enough to override what the USSC has put in place with the new FCC policy of the fine to broadcasters for "fleeting expletives."
I do not believe that the FCC has the right to fine broadcasters for fleeting expletives - they should sue the person saying whatever is finable. We have already seen how the 1st Amendment is not absolute, and I agree that there are limitations to free speech on airwaves that are available to children. These companies have delays on live TV and should use them. Each person has a right to free speech, but not if that speech interferes with children, and the way the parents want to raise them, they should be fined.
Broadcasters shouldn't be fined for fleeting expletives. I'd be interested to see the statistics of how much money airing one of these award shows makes the individual stations vs. the huge amount in potential fines they face. Maybe it will come to a point where it's not even worth it to pursue the right to air these shows. If parents don't want their children to hear such words, then they should take the responsibility upon themselves to prevent their kids from watching these broadcasts.
I think there's a definite chance a First Amendment argument could prevail against the policy simply because of the fact that the Supreme Court went to such lengths recently to avoid addressing that exact issue.
Also, I agree that if anyone is held responsible, it should be the persons saying the expletives and not the broadcasters.
Matthew Champion
T/Th 12:30
I think this will eventually get overturned or the fines will be reduced. It's really not the broadcasters' fault, and when the First Amendment issue is finally raised, it will prevail. $325,000 is too much money for saying the f-word when it's already all over TV.
I think the decision the court didn't make the right decision. In order to protect our First Amendment rights, networks should not be held liable for slip ups. The fine was a little excessive as well. It should be interesting to see related cases in the future. I'm sure this won't be the last.
I do not think that the broadcasters should be fined for 'fleeting explitives' because they can't control what comes from those celebrities mouths. The people who say the words are the people who should be fined. Just like Tandy said, if the celebrities are fined, maybe it will make them realize they need to watch wht they say on broadcast television.
Post a Comment