by David E. Smith, Illinois Family Institute
CBS is asking a three-judge panel to reverse a finding by the Federal Communications Commission (FCC) that the company was liable for broadcast indecency during the 2004 Super Bowl halftime show.
When it comes to regulating the public airwaves, the FCC has failed to enforce indecency laws passed by Congress.
While the government cannot regulate speech, they can prohibit indecent broadcast content on the public airwaves. The case of Janet Jackson's Super Bowl striptease in 2004 cost CBS $550,000 -- a mere slap on the wrist for a multi-million dollar broadcast corporation.
Of course, if the FCC had been doing their Congressionally delegated duty, CBS would have never allowed it to happen in the first place. Yet, in its argument before the Third U.S. Circuit Court of Appeals recently, CBS' lawyer played dumb, saying the incident was "unscripted, unauthorized and unintended."
So they couldn't have prevented it? I don't buy it.
Their lawyer also said the FCC fine has had a "profoundly censorious effect" on the broadcasting industry by discouraging them from showing material that the FCC might judge indecent.
Well -- duh! Yes, enforcing indecency laws will actually have a deterrent effect. But unfortunately, a few small fines for broadcast indecency -- assessed sporadically-- has only served to send mixed messages to broadcasters about what the FCC will tolerate.
The executives and producers at CBS knew exactly what they were doing, and they knew it in 2004 when they gave a high profile stage over to MTV, Janet Jackson, and Justin Timberlake. They wanted to push the envelope and create a media buzz -- and boy did they get it! It's three years later and we're still talking about it. There is no way they could have gotten this kind of publicity for a mere $550,000.
Dave Smith is executive director of Illinois Family Institute.
