On Tuesday, in a narrow 5-4 decision, the Supreme Court ruled that the Federal Communications Commission was correct to fine broadcast networks for airing "fleeting" obscenities.
"Even isolated utterances can be made in … vulgar and shocking manner, and can constitute harmful first blows to children," Scalia wrote in the opinion that was signed by his fellow conservatives. The decision was joined by Chief Justice John Roberts and Justices Anthony Kennedy, Clarence Thomas and Samuel Alito.
But it declined to rule on whether this violated broadcasters’ constitutional rights. That issue will be sent back to a lower court.
Do you think the FCC should fine broadcast networks for one-time fleeting airings of the F word or S word?
- Yes! Tape delay can always prevent such problems but networks aren't vigilant enough.
- No. The fleeting accidental curse word won't hurt anybody.
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This reverses a decision made by a lower court that said the FCC’s decision to sanction fines for “fleeting expletives” was arbitrary and capricious.
Both sides could claim victory as a result.
Cher and Bono uttered F bombs on live awards shows earlier this decade, which led the non-profit advocacy groupo Parents Television Council and others to complain loudly to the FCC. This led the FCC to change its policy. Once tolerant of stray curse words, the agency decided in recent years that even a single utterance was worthy of punishment. (The Supreme Court addressed a case dealing with an awards show that aired on Fox in 2002 in which Cher said the F word during the live telecast.)
For the past two years, the FCC hasn’t fined a single broadcaster for obscenities, despite many complaints filed primarily by the Parents Television Council. The agency may have been waiting for the courts to decide what the agency’s jurisdiction ultimately is in terms of indecency. This decision may lead to a raft of fines down the road.
The FCC has jurisdiction only with free broadcast television networks and the AM/FM airwaves. Cable networks and satellite radio are not under such regulation. And the FCC can regulate indecency only before 10 p.m. EST.
Timothy Winter, president of the Parental Television Council, came into Atlanta for an ABA panel Thursday to discuss these types of issues. I spoke with him by phone in Thursday.
“There are still questions that need to be decided,” he said, “but it’s still a huge victory. If we had lost, I think it would have been game, set, match for us. The fact is we live to continue this battle in the courts.”
Many live broadcasts such as the Oscars and the Super Bowl are now tape delayed a few seconds so censors can catch anything that could be considered problematic. So are many radio stations. (Believe me, the Regular Guys have a fairly long delay.)
But not always. Winter thinks some networks are just being cheap. He says morning shows such as “Good Morning America” and the “Today Show” are truly live, leaving plenty of ways for expletives to get out. For instance, Jane Fonda last year accidentally uttered the c-word live on the “Today” show.
“So much profanity,” Winter said, “is creeping into even early hours.” And he finds it problematic when shows such as NBC’s “Southland” simply bleeps out supposed expletives. “That legitimizes use of those words,” he said. “It’s an attempt by networks to normalize the profanity at this level. If the public gets used to it, we can go a little further.”
Networks have quietly loosened some restrictions on language over the years based on community standards. Cable has pushed the envelope, too. Winter argues that cable is mostly owned by the same companies that own the networks.
He supports a system of a la carte purchasing for subscribers. But cable networks have resisted that, preferring bundling, which is far more profitable for them.
I asked Winter which networks he likes. He gives Hallmark, TV Land and Disney a thumbs up. Ditto with Ion TV. He likes reality shows such as “American Idol” and “Dancing With the Stars.” The one adult-oriented scripted show he gave a thumbs up to is “Friday Night Lights,” which keeps it clean but also keeps it real.
And how about nudity? The PTC, his non-profit group, had a big rise in membership after the Janet Jackson Super Bowl breast incident. Winter says they have 1.3 million members (it’s free) and last year, had enough donors to bring in $5 million. The PTC has complained to the FCC about numerous other nudity issues since then, including a “Cold Case” episode and a “Survivor” episode in which an Atlanta contestant’s junk last year showed up while he was running in boxer shorts. Winter thinks the editors knew about it and left it in on purpose. CBS has denied that, of course.
Winter admits the economy has diverted charity monies all over and has caused donations to drop 40 percent this year. He’s had to cut staff and spending across the board. He also said Atlanta has had a relatively active chapter until recent leadership changes.
He thinks broadcasters “are accelerating their own irrelevance. They’re almost forcing families to look elsewhere in an effort to reach out to folks who want edgy and graphic.”
-Sean Hannity's Freedom concert tix go on sale today at 10 a.m. He arrives at Gwinnett Arena August 22.
Here’s the press release:
This year's concerts mark the sixth year of the Hannity Freedom Concerts and will feature performances by country music sensations: Billy Ray Cyrus, Charlie Daniels Band, contemporary artist Michael W. Smith and the legendary Lee Greenwood.
Tix cost $45.50 to $135. Oliver North will be there, too.
-My colleague Nedra Rhone did a story about Lisa Wu Hartwell's clothing line, which she debuted last night. The event was shot by Bravo for "The Real Housewives of Atlanta" show to return probably this fall.
Top 5 primetime programs (not counting news shows) in Atlanta, week of April 20:
1- “American Idol” (results) Fox, April 22, 714,000
2- “American Idol” (performance) Fox April 21, 638,000
3- “Dancing With the Stars” (performance) ABC April 20 365,000
4- “Dancing With the Stars” (results) ABC April 21 361,000
5- “24″ Fox April 20, 334,000
6- “Grey’s Anatomy” ABC April 23, 319,000
7- “Fringe,” Fox April 21, 315,000
8- “Bones,” Fox April 20 295,000
9- “Desperate Housewives,” ABC, April 26 286,000
10- “Private Practice,” ABC, April 23, 274,000
SOURCE: Nielsen Media Research
-I finally caught the finale of “Chuck” on NBC, which may or may not be renewed. I hope it gets another season, but I thought the season finale was quite satisfying and managed to up the ante for the characters. Even if it gets canceled, I’m happy with how things played out.
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