The Radio Indecency Issue: Where Do the Presidential Candidates Stand?

Expressions of views that do not involve a "clear and present danger of serious substantive evil" come under the protection of the Constitution, which guarantees freedom of speech and freedom of the press.

The Communications Act prohibits the F.C.C. from censoring broadcast material, in most cases, and from making any regulation that would interfere with freedom of speech. Even according to an FCC opinion on this subject, "the public interest is best served by permitting free expression of views."

This principle ensures that the most diverse and opposing opinions will be expressed, even though some may be highly offensive. The Courts have said that indecent material is protected by the First Amendment to the Constitution and cannot be banned entirely.

Those opposed to what some consider indecent content on Radio maintain the government has an obligation to protect the general public, and especially children, from programming that oversteps community standards and the F.C.C.'s definition of indecency.

They point out radio station licensees are supposed to operate for the public good and extreme, offensive content does not serve the public.

The agree with the F.C.C. that it is a violation of federal law to broadcast obscene programming at any time. It is also a violation of federal law to broadcast indecent programming during certain hours.

Congress has given the Federal Communications Commission the responsibility for administratively enforcing the law that governs these types of broadcasts.

They support that the Commission may revoke a station license, impose a monetary forfeiture, withhold or place conditions on the renewal of a broadcast license, or issue a warning, for the broadcast of obscene or indecent material.

With a presidential election in November, 2004, where do President George W. Bush and presidential candidate, John F. Kerry, stand on the Radio Indecency Issue?

President Bush

The F.C.C. under the Bush Administration has been tough on Radio indecency levying large fines against broadcasting companies.

MediaLifeMagazine.com reports: "With President Bush up for reelection, it's an obvious cause for him to embrace, and he's moved quickly to support tougher fines...By moving against indecency, Bush stands to blunt some of the criticism by liberals that he has become a patsy for big media interests..."

Senator Kerry

John Kerry weighs in on Stern and Clear Channel: "Howard Stern does have the right to say whatever he wants anywhere, but he doesn't necessarily have the right to say it on that station if the people who run the station don't want him to...If you are working for somebody and they have a set of rules, that's the deal." Yet, Senator Kerry serves on the Sub-Committee on Communications and voted "to toughen standards of decency and punish stations, via fines or loss of license, that don't abide by it" according to AlarmingNews.com.

According to a report by FMQB.com:
"Kerry supports the current crackdown on indecency in broadcast, though apparently he doesn't believe the regulations should apply to cable. Kerry told C-SPAN, "I think there is a distinction between public broadcast and the notions we’ve had historically about family time, family hour -- and what you buy privately and personally. I am not in favor of government interference and censorship and restriction of what an individual privately can decide to do in their home, in their own space, so to speak."