Court rejects FCC’s ban on “fleeting expletives”
We read:
"The 2nd Circuit has once again struck down the Federal Communication Commission’s indecency policy, calling it ‘unconstitutionally vague’ because it creates ‘a chilling effect that goes far beyond … fleeting expletives.’
The dispute between the FCC and several major TV networks appeared before the Manhattan-based federal appeals court for a second time after it was sent back by the Supreme Court.
In April 2009, the justices voted 5-4 that the FCC’s ban on brief, one-time utterances of profanities — or so-called ‘fleeting expletives’ — was not ‘arbitrary and capricious,’ as the 2nd Circuit had ruled in a 2-1 decision.”
Source
Anything that reins in the FCC is welcome
17 comments:
If the FCC were concerned about what is "truly obscene, offensive, and profane" on American TV, they would look at the mind-boggling number of commercials we're forced to watch.
American TV, especially paid TV, (cable, dish, etc.) has gone from, programing that is occasionally interupted by some commercials, to commercials that are occasionally interupted by some programing. And, as are most things in America, it's all driven by insatiable greed.
"And, as are most things in America, it's all driven by insatiable greed."
The conservative dream.
::: sigh :::
Still trolling…
Anon 3:03,
There are currently rules for how much airtime can be given to commercials, at least for broadcast TV. I don't know exactly what it is, but It's currently something like 13 - 17 minutes per hour.
I don't think the same rules apply to cable channels, because I have seen some channels that seem to have a much higher rate of commercials, which is part of why I avoid those channels, which is the market in action.
From what I could find, there are limits set to commercials for childrens broadcasting
http://www.fcc.gov/parents/commercials.html
but not on other broadcasting.
If you don't like commercials, there is always Hulu, or Netflix, or use your DVR.
IMO most programming is not worth the money provided to them. I tend to be disuaded from buying things I see in commercials, rather than persuaded.
The conservative dream is to let people vote for products and services with their pocketbooks without government intervention except to ensure safety, and redress for corporate wrongdoing, rather than bailouts and using taxpayer money to produce goods we don't want.
Luke, back in the mid to early 80's, congress passed one of their "middle-of-the-night" pieces of legislation which included a little-known tidbit that lifted the limit on the number of commercials TV networks and cable providers could air. This is why they have been steadily increasing ever since. Commercials have gotten shorter in length, but that's only because they can show more of them. In return, members of congress got instant and unlimited access to cameras and microphones any time they want it.
And Anon 3:26, the insatiable greed that drives the TV industry can't be a conservatives dream because for the most part, the entire industry is owned/controlled by liberals.
And there are ways around restrictions on the number or length of commercials, ways that some stations are very good at employing.
For example if there's a limit of 5 minutes to a block of commercials, just have 2 blocks back to back with a single announcement for upcoming programming by the station in between.
That announcement doesn't count as a commercial, so you now legally have a 10 minute block despite the law stating you can't have one longer than 5 minutes.
Or air shows that are so heavily and openly sponsored that the entire show is a commercial.
No restictions on how long those can last, half an hour to an hour are nothing special, of course interrupted for open commercial blocks for the sponsoring company.
Think Pfeizer or P&C sponsoring House, MD., everything tried on the patient coming from their catalogues.
Or Home Depot sponsoring a DIY show, the show using their house brand exclusively and taking the viewer to a HD store where the friendly staff sell the host everything he needs.
And indeed, nothing to do with the conservative dream or corporate greed, and everything with simple economics.
As customers are not willing to pay the cost of airing and creating the programs, other means have to be found.
You could of course welcome yourself to the state controlled media of North Korea or Vietnam, where there is nothing in the way of advertising and instead you're subjected to 24/7 (or whatever hours the stations are in the air) government propaganda.
Or cough up the real cost of running that cable station, which would multiply your cable bill by a factor 10-100.
Instead you expect to get free television without advertising, benefit without cost, the typical way the moocher and looter thinks.
Anon 3:03
You're forced to watch commercials? How does that work exactly? Do the commercial police come to your house and tie you up in front of the tv and hold your eyelids open? Seriously?
Take an economics course. There is no such thing as a free lunch.
The "commercial argument" is moot because of the DVR. Of the TV programming we watch, easily only about 10% is actually "live" and for those shows, we usually just record them to "burn commercial time" and watch something else while it's recording. And those programs that we watch recorded, we just skip the commercials.
The down side to this is that we are often out of touch with upcoming new movies and shows, because we usually skip through the trailers. But its a welcomed compromise to not having to watch the never ending stream of intelligence-insulting commercials.
What is considered "acceptable" is simply a reflection of the state of our society. The United States has shifted to a much more liberal and tolerant worldview where its people are expected to accept everything, yet everything will ultimately offend someone. It's a very psychotic and dysfunctional state we live in.
"It's a very psychotic and dysfunctional state we live in."
No, it is a changing state we live in. It is conservatives who think that change is "psychotic and dysfunctional". Of course it is, in their limited world view. If it were not for for change and progress, we would still be living in caves and huts.
"And, as are most things in America, it's all driven by insatiable greed."
---What are you? A communist? There is nothing wrong with greed.
By the way, how come in England you have to pay a TV tax?
"A colour television licence is £116 a year (around $192 US) and a black and white TV licence costs £38.50 a year (around $64 US). The cost goes up each year and this has lead some lawmakers to question the way the BBC is funded. However, until the law is changed, the TV licence remains -- leading to harassment of those who proclaim not to own a TV set and jail time for those that own TV sets and don't pay the tax."
http://www.turnoffyourtv.com/international/bbc.html
The UK TV "tax" or rather "licence" is to finance the BBC which has no commercial advertizing in and between programs to support it. Some Americans here have been complaining about the amount of tedious advertizing on their tv channels, so either you have that or you pay a fee or licence. As another poster here quite rightly said, there's no such thing as a "free lunch", it's just economics!
"Tell that to Bernie Madoff's investors, Enron's investors, etc, etc, etc, etc."
---So what you're saying is that all rich people are crooks and only through illegal activities you can get rich? Man, you're deluded.
"The UK TV "tax" or rather "licence" is to finance the BBC which has no commercial advertizing in and between programs to support it.'
---But it's a mandatory tax, you can't escape it unless you choose not to have a TV in your house. Basically, the BBC is getting money regardless of how many people watch the BBC. This is a form of government theft, it would be like Obama asking us to pay a TV tax to finance PBS, a network very few people watch.
"As another poster here quite rightly said, there's no such thing as a "free lunch", it's just economics!"
---In the case of England, it's socialism and government theft.
"---So what you're saying is that all rich people are crooks and only through illegal activities you can get rich? Man, you're deluded. "
I did not say that you moron. Why don't you read it again? You can read, can't you?
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