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March 19, 2004
FCC Moves to Regulate Hate Speech?
Posted by
Over @ Importance Of..., copyfighter
Ernest Miller has (yet) another must-read--a
lengthy analysis of the
FCC decision (PDF) on the
Bono/Golden Globes "f-word" incident (see the
FCC press release [PDF]).
The news in a nutshell? In the wake of Janet Jackson's "wardrobe malfunction," the FCC has reversed its previous position on Bono's use of the word "fucking"--as in "this is really, really fucking brilliant." This use has now been deemed "profane."
Writes Ernie:
Although 18 USC 1464 has always given the FCC jurisdiction over "obscene, indecent or profane language," the FCC has never based any fine on "profane" language, preferring to rely on indecency rulings. Given the newness of this interpretation of the law and the vagaries of the definition of "profane," this might be the most far reaching of the FCC's recent assaults on freedom of expression.
[...]
"Profane" can't be about blasphemy, that would raise all sorts of freedom of religion issues, but it has to be distinct from "indecent." I think that leaves hate speech. Seems to me the FCC has decided that it wants to regulate the broadcast of hate speech.
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