The FCC is revisiting its broadcast indecency policies to determine if changes are needed or if the rules should remain as is. In a notice posted today on the regulatory agency’s website, the FCC said it wants to ensure that its enforcement of indecency rules is “fully consistent with vital First Amendment principles” following last year’s Supreme Court ruling that its enforcement of indecency rules was too vague. The FCC is seeking comments on whether it should shift the focus of its enforcement to egregious cases such as a deliberate and repetitive use of expletives and whether isolated flashes of nudity should be treated the same as or differently than isolated expletives. The FCC also said it has reduced the backlog of indecency complaints by 70%, down by more than 1 million, since last September. Many of the complaints, the agency said, were beyond the statute of limitations or too stale to pursue.
Of course, there is no way for the FCC enforce indecency rules in a manner that is full consistent with First Amendment principles since the First Amendment clearly states, “Congress shall make no law…abridging the freedom of speech,” which I take to mean that Congress is prohibited from abridging the freedom of speech. Or, to state things more clearly, no part of the federal government has any authority to regulate speech of any kind in any way.
The hilarious part, though, is how the FCC is seeking comments on how best to enforce the law. Here’s a thought: if you’re going to turn to citizens for advice on how to censor what’s being broadcast into their homes, why not simply just go ahead and tell citizens to handle censorship duties themselves? If the people are smart enough to know how to censor broadcast television and radio, why not simply put them in charge of censoring their own households? Really, what is even the point of the FCC if all the agency is going to do is ask people how to do the job the people delegated to them in the first place? Is there a more compelling argument for disbanding the FCC?
More to the point, this just goes to show how the FCC is simply unconstitutional, anti-liberty, and completely unnecessary to boot. People are quite capable of deciding for themselves what they do or don’t want to watch on TV, or hear on the radio, and therefore they do not need a parasitic bureaucracy infringing on their rights and telling them what can and cannot watch or listen to.