Reporters Committee argues that FCC's indecency enforcement threatens news reporting

Enforcement of Federal Communications Commission policy regulating indecent programming on the public airwaves severely restrains the ability of broadcast journalists to report on matters of public interest and concern, The Reporters Committee for Freedom of the Press arguedin a friend-of-the-court brief submitted to the U.S. Supreme Court.

Although there is a news exemption for brief, unplanned expletives or indecent material that makes it on the air, the Reporters Committee argues that not only is the determination of what is indecent highly subjective, so is the determination of what is a news program. In addition, “Indecency fines so large they potentially force broadcasters out of business raise serious constitutional concerns about the permissibility of the penalties.”

Only a clear standard, or “bright-line rule,” applied to the regulation of fleeting expletives in any media format can protect news reporting on matters of public interest and concern, the brief argued.

A “system of self-regulation by the broadcast industry is a feasible alternative,” it noted, adding, that “broadcasters are fully capable or policing themselves in a manner that serves the FCC’s legitimate interest in protecting children while avoiding the constitutional threats that arise from government regulation of content.”

“The First Amendment was adopted to protect the very kind of news reporting that is threatened by these subjective FCC standards and astonishing, disproportionate fines,” said Reporters Committee Executive Director Lucy A. Dalglish. “We’ve seen lower courts admonish FCC indecency rulings and fines against news broadcasters as arbitrary and capricious. Now the Supreme Court has the opportunity to ensure that all news media are given the right to police their own content consistent with their internal standards and public accountability.”

The Reporters Committee was joined in its brief in Federal Communications Commission v. Fox Television Stations and Federal Communications Commission v. ABC Inc. by the E.W. Scripps Co. The brief is available on the Reporters Committee website.

About the Reporters Committee for Freedom of the Press

Founded in 1970, the Reporters Committee for Freedom of the Press offers free legal support to thousands of working journalists and media lawyers each year. It is a leader in the fight against persistent efforts by government officials to impede the release of public information, whether by withholding documents or threatening reporters with jail. In addition to its 24/7 Legal Defense Hotline, the Reporters Committee conducts cutting-edge legal research, publishes handbooks and guides on media law issues, files frequent friend-of-the-court legal briefs and offers challenging fellowships and internships for young lawyers and journalists. For more information, go to www.rcfp.org, or follow us on Twitter @rcfp.