In the coming weeks, several Members of Congress are expected to try to expand indecency fines on broadcast television and spread their use to include cable television and the Internet. This would mean many cable television shows, such as The Sopranos or Sex and the City, would need to change their content or face significant fines.
Cable television and the Internet should not be censored by the government since they are voluntary media: each of us chooses to watch -- or not watch -- cable television just as we decide which Internet sites to visit. The government should not place ill-defined restrictions on ""indecency"" on these mediums.
The Supreme Court has repeatedly found that cable and satellite are different than the broadcast media because one has to make the choice to subscribe to the service. We need to ensure that we can watch what we want without fear that government bureaucrats will declare some controversial content ""indecent.""
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Several Senators want to increase ""indecency"" fines for broadcast TV. The House of Representatives has already passed legislation dramatically increasing fines for "indecency" on broadcast radio and television. Several Senators intend to try to increase these fines and expand their use to satellite and cable TV as well.
No one has adequately been able to define ""indecency."" No one, including the Supreme Court, has offered a practical definition of what is indecent, leading to ambiguity and confusion. Already broadcasters and speakers are very wary of running afoul of the FCC. For example, some ABC stations refused to air "Saving Private Ryan" during Veterans Day for fear of incurring fines due to language contained in the movie. Increasing fines will further chill speech in order to avoid possibly ruinous fines.
The government should not censor voluntary media. The Supreme Court has made it clear that cable and satellite are different than the broadcast media because one has to make the choice to subscribe to the service. And, technology is available to block cable channels the consumer does not want in their homes. Expanding "indecency" to cable and satellite would be clearly unconstitutional, and would severely chill speech in that medium.
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