The court decided the law was too broad and would likely interfere with free speech. The court also gave a nod toward filtering software, saying the use of today’s software would be better solution than more restrictive laws.
Well, there’s it is: apparently the free speech of porn purveyors is better protected by our government than the free speech of your favorite radio personality.
Most of this year, Radio has been in the Federal Communications Commission’s crosshairs in an "indecency" crackdown of biblical proportion.
The pressure has been so intense, assorted DJs have been fired, Radio companies have been heavily fined, Congress has voted to increase the monetary penalty of those fines, and a wave of regulatory fear originating in Washington, D.C. has swept across the country.
Whereas it’s true, the F.C.C. has a duty to protect the airwaves because they are owned by the public and licensed to operators, the courts also have a responsibility to insure the checks and balances of a government agency issuing law without the consent of Congress.
I made the proposition a few months ago that the F.C.C. may be breaking the law. (see: Radio Indecency: Is The F.C.C. Breaking The Law?)
If the courts can protect the porn industry’s right to free speech, then the courts should also be forced to decide whether the recent spate of fines and coercion by the F.C.C. are both legal under the Communications Act of 1934 and the Telecommunications Act of 1996.
As a society, sticking our thumbs in our shirts and proudly nodding at our ability to permit the non-offensive content is easy.
The real test of free speech is being able to permit the unpopular views and content without letting your own personal morality interfere with the decision.
That which is not offensive is less in need of protection than that which is.
The current hysteria over "indecency" on the Radio only serves to dilute compelling programming and deprive adults of entertainment they are entitled to while creating a mindless standard that requires no thinking on anyone’s part.
Shouldn’t Radio have at least the same free speech rights as pornographers?
