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Originally posted by DeltAlum
Then, I keep coming back to that pesky old First Amendment.
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Exactly. After all, the only thing that the FCC can ban out right on broadcast television is obscenity, which the Supreme Court has held is not protected by the First Amendment. Profanity and indecency, on the other hand, are protected by the First Amendment. That's why the FCC's rules only go so far as to deal with timing of profanity or indecency (not when children are likely to be watching).
And the First Amendment is also why the FCC cannot censor, it can only fine after the fact.
Admittedly, unpredictable enforcement by the FCC may leave broadcasters unsure of what will be considered "fineworthy," causing them to err on the side of caution. The "context" aspect of the FCC's view of profanity and indecency can also add uncertainty. But as anyone who has tried to wade through and apply the Supreme Court's decision on the religion clauses of the First Amendment can tell you, that is nothing new or unique to the FCC.
And it is a far cry from suggesting that the goverment is going to take away our freedoms and control what we watch.
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