FCC Expletives Policy Rejected on Appeal
The decision, which many constitutional scholars expect to be appealed to the Supreme Court, stems from a challenge by Fox, CBS and other broadcasters to the F.C.C.’s decision in 2004 to begin enforcing a stricter standard of what kind of language is allowed on free, over-the-air television.
The stricter policy followed several incidents that drew widespread public complaint, including Janet Jackson’s breast-baring episode at the 2004 Super Bowl and repeated instances of profanity by celebrities, including Cher, Paris Hilton and Bono, during the live broadcasts of awards programs. The Janet Jackson incident did not involve speech but it drew wide public outrage that spurred a crackdown by the F.C.C.
In a unanimous three-judge decision, the Court of Appeals for the Second Circuit in New York said that the F.C.C.’s current policy created “a chilling effect that goes far beyond the fleeting expletives at issue here” because it left broadcasters without a reliable guide to what the commission would find offensive.
Discussion: Just how far is too far when it comes to banning what people can and can’t say on TV. Read the article here on The New York Times Web site. (I refuse to acknowledge the AP stylebook’s decision to change the way Web site is spelled).
The issue with restrictions on levels of language I think has long since been an issue with the F.C.C. In my opinion, words are words. They just have tiers of meaning. I think that on certain television shows at certain times of the day, they should be allowed to freely exploit their preferred language in any context. Personally, I curse. Do I do in front of “cooth people”? No.
A question I find myself asking people often is, ” Hey, when you say oh crap is it the same as oh shit?” If their response is yes, then we agree. However many people take the side of…”Well, oh shit means more to me”. I can understand this too. For instance, the phrase oh shit can be used when something REALLY bad happens whereas oh crap can be used all the time with the occasional stubbing of your toe etc…
But when I break it down, I always tell myself…”Aren’t crap and shit just two ways to say feces?” Just something to think about.
CHECK OUT: George Carlin “Seven Dirty Words”
(He was actually arrested for disturbing the peace doing this stuff; He and the F.C.C. HATE eachother).
Come on…..really? I think people are becoming way too sensitive to what they have already been exposed to themselves. Janet may have taken the riskier route when exposing her breasts but, as far as speech goes, anyone can say whatever the hell they want! Im sure members of the FCC, like most normal children in the 3rd or 4th grade discovered new words, bad words , sware words and obscene phrases at a young age. We all say it and we all hear it. Most children have to live with hearing their parents sware in their house holds ona daily basis. Hey, times are tuff! If anything parents should be the ones responsible for teaching children what are bad words and when to/ not to use them; not big brother. In 2006 they banned smoking in all tom and jerry cartoons which was understandible because it was in the best interest of childrens health and supported the anti smoking campaign they everyone was on board with (why they disregarded all of the relentless tourcher children see…..I have no clue). Sware words, on the other hand, not hurting anyone, and not influencing anyone in a completely harmful way, unless your kids arent going to grow up and venture out in the real world where most of those words are acceptable and in some cases necessary.
People have taken things to a prudish level. I myself am in theater and darling, some of the most offensive things imaginable go on there. However, certain people take things certain ways. The F-bomb for example is NOT a word I would go around screaming in front of my parents, however when I’m around my friends I’ll admit that it comes flying from my mouth like an Irishman to a fight. In a similar fashion, swear words are perfectly alright on shows where there’s warning and late night television…
My question is why are they attacking television shows and not the constant “Male Enhancement” commercials that littler our channels? I mean, seriously? That disgusts me a lot more than someone saying “Shit” or “Damn”. As for nudity? In art it’s perfectly understandable. When a mother is feeding her child it’s all right too. However nothing irks me more than a sex scene on television. We know what happens, you don’t have to show us. Yes we understand they’re passionate about one another but Mr. Director sir, is it so difficult to show that in different ways?
Sex, swearing and violence are all apart of life – however taboo we’d like them to be. Did it ever occur to anyone that perhaps if it weren’t taboo people wouldn’t be so tempted to do it? Just sayin…
Oh and by the way, for all of you who believe that the generation coming into adulthood within the next four years- the same generation who saw Bert with his roommate on Sesame Street, who watched the violence in Tom and Jerry as well as the smoking, the same generation who fell in love with the Cookie Monster – are all idiots who are going to die from STDs and go around having babies – this is all coming from the mind of a sixteen year old girl who stumbled upon this site and began reading out of curiosity.
I don’t smoke.
I don’t drink.
And I don’t go around having sex.
Still; I completely agree that what children hear and see on television is more or less up to the parent. What the parents see is up to the parents. It’s called a remote control ladies and gentlemen! Turn it off or just change the channel if you don’t think it’s appropriate. Now excuse me while I go polish my soap box.
Society is in a constant limbo between what is right and wrong, but people never seem to face the fact that our culture has developed to be extremely open about was is going on in our lives. Nowadays, people promote their sexuality, religion and political views openly and without a care to who it offends. It is all over the streets; it is on television and has taken over the advertising industry. People are extremely comfortable expressing themselves and we are all guilty of doing it. We have all been exposed to the language that they are trying to ban on television, so what is the big deal when we even use it ourselves? The F.C.C. is faced with a controversial issue that I feel, has been taken over the top. If language restriction has to do with its impact on growing children, then start within the household because it is the parents job to monitor what they’re children are exposed too on television. TV and advertisements are different, and eventually someone will have to draw the line, it’s just a matter of where.
I see where the F.C.C. is coming from and I also believe that everyone has a right to say what he or she must, but how far they should go, is something completely different. I find it extremely inappropriate for celebrities to say such profanity and vulgar words when they have all eyes on them. If anything, embrace the fact that you are in front of millions of viewers and make a good example of yourself. Obviously I am not a celebrity but I just do not understand why they feel the need to make a scene in front of millions of viewers. So if a stricter policy needs to be enforced than I am all for it. Celebrities are obviously taking advantage of the fact that they are far more ‘superior’ to others and feel like they can do what they please when in reality, you cannot, so do not. Is it really so hard to keep it f’ng classy?
Although sympathizing with the F.C.C.’s concerns, they should respect freedom of speech. Limiting speech of broadcasters will do very little to protect the development of children because they’re more influenced by their surroundings and society in general. If broadcasters are reflecting society, then essentially, they’re doing their jobs. Additionally, limiting what a child sees on air should be the role of a parent, not the F.C.C. Without regulations, television won’t fall to shambles- legitimate news stations will continue to report without cursing and claiming absurdities in an attempt to be appropriate and maintain credibility. As for the other stations that do curse, children probably shouldn’t be watching them anyway.
TV and Radio are practically impossible to fully censor. Euphemisms are useless most of the time, people know what the real meaning of messages are whether it’s about sex, drugs or alcohol. Though I fully agree that certain things should not be said or done on national TV (Janet Jackson’s 2004 Super Bowl Halftime show), speech can usually not be contained. Freedom of speech is touchy on all levels; drawing the line on what can and cannot be said always has certain exceptions. I think that celebrities need to be responsible when they are on TV and know the various age groups of viewers; however, today’s most popular celebrities aren’t always the best role models for young children anyway. All in all, if children are exposed to “profanity” on TV now; the odds are that they will be accustomed to profane or more adult things in the future anyway. Celebrities should retain their poor speech and parents should know when to change the channel.
As someone who generally believes society holds itself to overly diluted standards, I can understand why such measures would want to be taken. I don’t want to see obscenities on TV during prime time, especially at the Super Bowl or at a time when they aren’t advertised. In a broader spectrum, its difficult on TV stations to be severely restricted when people ARE looking for violence, sex and drugs as entertainment. But the adverse truth about that is that those regulations barely exist at all! You could be watching Comedy Central, the clock strikes midnight (or whatever time it actually starts), and suddenly the bleeps that coat the stand-up comedians routine disappear! Even going past that, how much censorship goes on when the first and last letters of a word remain intact but the middle vowel is the only one that gets removed? Like anyone here doesn’t know exactly what they’re saying anyway. And as for sex, violence and drugs, those things are all over the place anyway whether its on TV, magazines, billboards or the internet.
The idea that the FCC is out to destroy our way of life by taking away the boobs and curse words (probably the best things a lot of people have to live on) is a lie. The whole discussion is stupid because its not happening. Actual threats to our rights come through areas people choose to ignore by freaking out about this stuff, while gov’t shuts down investigative journalism that attempts to hold its officials accountable or begins measures to say what you can and cannot put on the internet. These processes encroach upon our personal liberties and represent the death of independent thinkers. But instead of worrying about those things, we had all better work damn hard to ensure the F-bomb isn’t in danger.
In today’s society it is pretty hard to censor speech from television and even radio. I understand where the F.C.C. is coming from, but I do respect freedom of speech. The fact that people can say whatever they want through free speech, is a form of entertainment.Society has made it acceptable for the public to speak this way and we can recognize with those that also speak as we do. The F word is as common as the word like in some cases and calling women derogatory names as terms of endearment is also becoming quite popular. Talk shows like Chelsea Lately are wildly popular because she has no inhibition and definitely no regrets as to what she says about celebrities and their actions. Basically words are words no matter who says them.
What are we heading towards? The age where everything will be challenged, and people should think twice before talking on the air? I think we are already there. Nobody should be surprised whether broadcasters are getting in trouble for saying curse words out on the air, and commenting about explicit imagery i.e sex. The mass media is the most influential informer, and shapes the lives of all of us, but most importantly young children. The FCC should not have to police everyone like they are still in kindergarten. You can go out and say whatever you want on the air, but remember that you are educating the future of this country.
I understand what the FCC is trying to do, but in the end everyone is going to say what ever they want. The FCC is trying to prevent this from occurring but in reality it’s not going to work out. This has been going on for years and not everybody is going to think before they say something. To many of those celebrities or anyone it comes natural. On the other hand I believe some things are acceptable to say on air and others are not as appropriate. In the end someone is watching and will get offended by it…but in today’s society people have grown stubborn and careless. They do not care to respect others or themselves.
Lately I have been hearing many words on TV and radio that I had thought were “vulgar” and offensive but are being used more and more. The word bitch and ass can now be used on television without getting into trouble by the FCC. I was watching comedy central and on a commercial they used the word bitch. At first I did not notice but then I realized what just happened and with my little brother sitting next to me it was kind of awkward. I was unaware of this sudden change of language from comedy central and was a little shocked. The FCC cannot hope to sensor all of radio or television but it can move certain shows or programs that are offensive to people to later times when children are least likely to hear them. The article states that the FCC needs to be more specific on what can and cannot be used because vague terms are unacceptable by the supreme court’s standards. This was to be expected with society’s shift in what is allowed and what isn’t. Now a days the things that can be said and what is deemed acceptable by society is atrocious. Just think of how often the word rape gets thrown around. It is probably the worst thing that could happen to a woman and yet people all over the country use it in every day conversation. Hearing it in jokes and even when playing video games online just goes to show me that society doesn’t take these situations seriously. The FCC cannot hope to battle with all of America but they can choose when the appropriate time would be for these programs to air.
It’s 2010 and we should be abele to say whatever we want. That’s apparently not so due to the crackdowns of the FCC. How far is too far when it comes to banning what people say on TV? In my opinion that’s entirely up to the FCC. It’s their job, it’s what they do. If there’s an issue with what people are saying on public television, there must be a reason. Not everyone has conformed to fit the mold of the 2010 society, and many may still find certain words and phrases offensive or inappropriate. It’s just as easy to not say an offensive word as it is to say it. Sure, many of us throw around these banned words on a daily basis but if these words were taken away we could still carry on conversations.
The problem with the FCC is they have their priorities way out of whack. They will show gratuitous violence on primetime TV, yet they have to blur a butt cheek or a breast and bleep every other word spoken on some shows. If the FCC is worried about kids taking what they see on TV to heart, shouldn’t they be more worried about the violence? Do they think kids thinking about sex and the occasional F word is worse than them thinking about killing someone? Once the FCC gets their priorities in order, they will once again become a respected government department.
Television plays a huge influence on the way both children and adults think, whether it’s through Saturday morning cartoons or late night reality TV. For years, broadcast stations have scheduled programs with “adult content” in the late evening because children are probably sleeping and instead it’s the adult crowd who are the viewers in that time bracket. The usual content warning screen comes up before the program and whomever is in front of the television can choose to watch it or not. Now, for the Janet Jackson incident in 2004, assuming it was a planned stunt, it was probably not the best idea. There are millions of people around the world watching the Super Bowl, of all cultures and moral values. In this case, less risque is probably the way to go. As with the other content on television, the whack characters on Jersey Shore and other paid programming stations, can show whatever they like. There will always be someone who disagrees with something, you can’t please everyone and the freedom of speech must stand as long as it does not infringe on anyone else’s rights.
Also, children are playing more and more video games that contain 10x more violent crime and obscene material than any show you can find on TV during the daytime hours–it is that business, that should be sieved through more carefully before being sold on the market. I think enough psychological studies have been done that prove children (not all, but definitely some) are being brain washed and pushed into a more violent, aggressive way of thinking. These multiplayer games like World of War Craft is a creative idea but dangerous to many who take it too seriously and become so engulfed by their fictional character that they lose all sense of reality, including their ability to socialize normally. It’s not television that we (as a society) have to worry about for our children; the FCC should be censoring video games, not every day television.
While the FCC’s position on expletives and censorship is understandable, the decision by the court is a step in the right direction. It seems as technology has become more ingrained in everyday life that parents no longer feel the need to directly supervise their children. Policies such as these support the mindset that a parent isn’t directly responsible for what their children see and allow for parents to place the blame elsewhere. While I think there does need to be some standards for what is and is not shown on television and the radio, I think that people should take the responsibility to decide what is appropriate and what is not. Instead of having a blanket ban on certain words and graphic scenes, people should vote with their remote and pick something they find more appropriate. I’m sure that every once in a while something (slightly) obscene will slip through, but this is an opportunity to for parents to teach their children rather than just keeping them ignorant.
By the way, this decision will have little effect on what is seen and heard on the television/radio, as all major broadcasters already have internal policies regarding this that are in line with the FCC’s stance.
Issues with television have always existed. Whether it was about violence, language, or different channels, it seems that there is always a problem with what is aired. When it comes to banning what people can and can’t say on television, I think it has been taken too far. The F.C.C. has always tried to please everyone and keep “language” under control, but honestly, I think people need to give it a rest. Live television and broadcasts come with surprises and occasional slip ups. It’s what makes things interesting and gets people engaged. Certain channels are also made for certain purposes. Parents have the access to block what their kids see on television. If they are so concerned with them hearing something they shouldn’t, then block the channel. Television is a part of everyday life for most people. I don’t think it should have to be as censored as it is. To some extent, yes, But I think it has been taken too far.
Janet Jackson’s infamous “nip slip” took things a little too far, but when it comes to speech, the FCC needs to be more lenient and let people exercise their First Amendment rights. Sure, one could make the argument that the FCC is doing it to protect the children, but the truth of the matter is, kids are going to hear naughty things no matter if the FCC imposes “super censoring” or not. The burden of responsibility falls on the parents to educate their children about what is right and what is wrong; therefore, when their children are exposed to “controversial content” they will know how to handle it.
Television stations always run a fine-line when it comes to expletives during their program. However, the reason why it is so difficult to monitor them is because they happen on live broadcasts. News channels and awards shows are for the most part all live broadcasts. For this reason, there is a lot of trust that goes into the person talking to keep it appropriate and watch what they say. Mistakes do happen, and people sometimes say an expletive word or make an inappropriate gesture; but does this mean that the station broadcasting it should be fined? I believe that the station should not be fined for the occasional inappropriate gesture made by the person on live television. For one, if it is just a cuss word or something of this nature, it is not the fault of the station that the person said this. Also, just one slip-up is not going to hurt anyone, and if parents know there is a possibility of this during a program, they do not have to let their children watch it. In my opinion, this occasional and harmless mistake should not entitle a fine to the station. However, if someone is repeatedly using expletives on more that one occasion or is continually acting inappropriately during a show then it is the fault of the station for allowing this continued offense and they should most certainly be fined.
Wow. Now it just feels like people are bored or just have too much time on their hands. I don’t believe that if any improper gestures that are aired live on news channels, shows or special awards should be fined. The FCC wants to protect children from hearing this but who’s going to be there to cover their ear in the street hell even in front of their parent. The fault only belongs to the speaker(s), and usually if anyone slips or curses while being aired live they don’t go on a riot they just say a few words that your hear everyday anywhere you go from the work hell even in the church parking lot. The first amendment needs to be overwritten cause obviously not free to say what you want if your getting 10000 dollar fines in your mailbox. The FCC needs to back off just a little bit or in some cases like Janet Jackson a lot.
I would understand parents being upset if, the next time they watched Dora the Explorer, she was like, “Swiper, no fucking swiping!” but that is not the case, and hopefully it never will be. The truth is, children are going to be exposed to swear words, just like Paris Hilton got exposed to herpes—it’s inevitable! To some surprise, this exposure will not come from the television—it will come from people. I myself, have been swearin’ like a sailor since fourth grade but, I was taught where and when to use my profanity. That’s the trick, parents, to classically condition your children so they don’t yell “shit tits!” next time they drop their juice box. It all goes back to good ol’ psychology and maybe a little dog training… The kids already know the words, but to prevent them from using them in public, and implying shameful parenting, a punishment or treat should be doled out whenever they do or do not curse.
To formally address the topic of this conversation, I believe the F.C.C. should be able to monitor and censor what is said on television—but only in a certain time frame. Like, when primetime is over, and the kids are in bed, the curse words can come out and play! If the parents are uptight about their kid hearing a swear word, then the kid is probably has a bedtime before eleven anyway. Cursing just makes everything more funny. Add “…and shit” to the end of any sentence and it’s automatically boosted with more hilarity. The “badness” of swearing totally balances out the entertainment value of hearing it, and Americans should have the privilege of having a “shit” or “piss” grace their ears while watching a late night television show. I do agree that parents deserve the feeling of surety that their kids aren’t being bombarded with expletives. Therefore, the F.C.C. should monitor language during the daytime and primetime programming but I think eleven o’clock is a reasonable hour to bring out some raunchiness ‘n’ shit.
I feel like the FCC is definitely taking this too far. But I also agree with Lauren when it comes to the whole Dora thing. However, as kids get older they grow up and hear new things and well as learn new things. You can’t just block all TV to be like Children’s Shows. People need to grow and be exposed to the real world. Honestly my opinion is to just leave what people want to view to themselves. Let them decided how harsh, and intense they want their TV to be. Almost every cable and dish provider has some sort of a parent control on their program and will allow the parents or older adults to decide for the younger children. This would prevent the kids from just coming across something that is to mature for them, as well as providing more of a control for the parents. I feel that this format of TV would be much more useful. We wouldn’t constantly here beeps and become annoyed, and we would be able to control what we wanted to watch! I think that the FCC should calm down and allow TV to be what people really want to say. The should allow the actors or news casters to say what they want and let the user control their TV to there needs!
I think the FCC is getting too worked up. In the end, this is about freedom of speech, and if you don’t like what someone says don’t listen. I am not trying to be insensitive. I realize some things should not be said, especially because viewers are not always uniform and kids are very vulnerable. However, in this case, I am going to place my faith in peoples’ judgement and hope that they say what is appropriate. More often then not, everything turns out fin; but occasionally there is a slip up, or two, or… twenty. But still, I’d rather have a couple of detrimental slip-ups than none. They spark controversy, start conversations, keep things interesting. The moment we start restricting what people say is the moment that we lose touch with reality. When things get censored, information gets lost and people lose touch. I don’t think the FCC should monitor language.
The media has become too enthralled with having everything controlled and delivered in a pristine view in this day and age. Our tolerance of what is seen as obscene has changed dramatically over the years and with it comes a sense of responsibility of what is delivered to us. I, myself, have changed in the way I use language as I have grown and believe that television and media outlets change dramatically as well. The FCC is going overboard with trying to sensor everything that is being shown and should simply put warnings on the live shows that could possibly have a situation that would cause a disturbance among viewers.
I think that there should be strict guidelines as to what should be allowed on television for basic channels that everyone receives, while cable channels should not be as strict as you are paying for the channels. You are also able to place parental controls on most televisions and parents should pay more attention to what their children are watching. The F.C.C. is trying to take over what we watch in general and enforcing stricter rules, which are not allowing the television shows to push the envelope.