Slashdot is powered by your submissions, so send in your scoop

 



Forgot your password?
typodupeerror
×
The Courts Government Media Television News

Supreme Court to Hear FCC Indecency Case 453

MachineShedFred writes "The Supreme Court of the United States has announced that it will be hearing the FCC's appeal to the 2nd U.S. Circuit Court of Appeals' decision that the FCC has changed its policy on fleeting expletives without adequate explanation. It's now on the FCC to explain to the Supreme Court why its policy has changed. This is also the first time the Supreme Court has heard a major 'broadcast indecency' case in 30 years."
This discussion has been archived. No new comments can be posted.

Supreme Court to Hear FCC Indecency Case

Comments Filter:
  • In other news (Score:5, Insightful)

    by gnick ( 1211984 ) on Monday March 17, 2008 @02:09PM (#22775416) Homepage
    FTA:

    Solicitor General Paul Clement ... argued that the decision "places the commission in an untenable position," powerless to stop the airing of expletives even when children are watching.
    Airing violent murders when children are watching? Still OK.
  • by Hatta ( 162192 ) on Monday March 17, 2008 @02:16PM (#22775496) Journal
    How blatantly arbitrary and unfair. Why is the FCC flipping out over "fck" on the radio after this went unpunished!

    Because the FCC only regulates over the air broadcasts. The FCC *is* arbitrary, unfair, and evil, but you should learn a bit before criticizing them, or no one will take you seriously.
  • by gnick ( 1211984 ) on Monday March 17, 2008 @02:20PM (#22775558) Homepage
    A couple of local DJs, in order to avoid fines over the word "shit", have taken to regularly saying "shite". Why in the H-E-double-hockey-sticks is one any more inappropriate than the other?!? This is just farking silly. If a radio station/TV station/whatever airs stuff that you find offensive or inappropriate for your kids, change the fuggin station...
  • Self censorship (Score:3, Insightful)

    by TheP4st ( 1164315 ) on Monday March 17, 2008 @02:23PM (#22775618)
    I am baffled that American media is so afraid of offending it's viewers and readers that AP is indulging in self censorship to such an extent that they don't even write the word shit in the article. "Cher used the phrase "F--- 'em" and a Dec. 10, 2003, Billboard awards show in which reality show star Nicole Richie said, "Have you ever tried to get cow s--- out of a Prada purse? It's not so f------ simple." What I find most disturbing is that people who find words like fuck, ass, cunt etc being too offensive to be broadcasted often are the very same that shout the most when Muslims object against publication of images depicting Mohammed.
  • by Hatta ( 162192 ) on Monday March 17, 2008 @02:27PM (#22775646) Journal
    If you don't like it, you're free to leave the room or change the channel. If I don't like censorship, what options do I have?

    And why are your feelings more important than mine?
  • Re:In other news (Score:5, Insightful)

    by explosivejared ( 1186049 ) <hagan.jared@gmai[ ]om ['l.c' in gap]> on Monday March 17, 2008 @02:28PM (#22775660)
    Well sensible parents would take care of their children and regulate what they watch. They would also discuss with their children the things they saw on tv and try to make the children understand the distinctions between the real world and fantasy. They would not rely on the, as my libertarian friend so lovingly calls it, the nanny-state to tell them what is ok for other people put on the air in front of children.

    So in a situation that doesn't even have to be perfect, the whole premise of indecency is moot.

    Lot's of people complain about neocons, or corporations, or illegal immigrants, or terrorists, or deviants ruining our country. They are so far off. Unfit and downright harmful parents are far worse.
  • by Microlith ( 54737 ) on Monday March 17, 2008 @02:30PM (#22775686)

    And I'm offended by those that use obscenities;

    You don't have the right to not be offended.

    You can, however, criticize them for their impotence in linguistic capabilities. This is the nature of free speech and freedom of expression.
  • Re:In other news (Score:5, Insightful)

    by gnick ( 1211984 ) on Monday March 17, 2008 @02:30PM (#22775690) Homepage

    What, your TV doesn't have a v-chip?
    Actually it doesn't... But, I do have a superior system in place - Administrative controls. My kids are allowed to watch what I tell them they're allowed to watch. They have no televisions in their rooms and they'll have to get significantly more tech-savvy if they want to defeat the logging on my DVR. There's nothing technologically stopping from watching anything coming in, but we'd certainly have a chat about it if it was something objectionable.

    Technology obviated the need for "decency timeslots" a long time ago...if only parents would use it.
    I'd say that an obligation to parent responsibly should have superseded the need for "decency timeslots" from square one. Just my opinion...
  • by Umuri ( 897961 ) on Monday March 17, 2008 @02:32PM (#22775728)
    Yeah.... Let's go with that belief.

    Because obviously someone uses a profane word because they lack the eloquence to call someone a bumbling ignorant uncultured swine of a simpleton. And obviously when someone wishes to damn someones soul to eternally burn in the fires of hell, they must say so in such verbage, instead of just simplifying it to "damn you" with the rest understood.

    Obviously people use profane words because they lack the vocabulary to use others words, and NOT because certain words have three key features:

    1. understood nearly universally within the culture
    2. carry a weight to them, especially when said very sparsly
    3. convey the point they are intended with little room for misunderstanding

    True one could be complex with their insults and verbose with their exclamations, but that would truly render them useless.
    What good is it to call someone a hedonistic glutton if they don't understand what you're saying?
    You would feel good you've insulted someone who can't understand what you're saying, and that is a worthless act. At least if you call them a lazy fatass they understand that they need to get up and move, in your opinion.

    I would argue that a well placed fuck or damn is more important than a good vocabulary. More so when you reserve your usage of them, as people notice when someone who rarely does so, curses.

  • Re:In other news (Score:3, Insightful)

    by plague3106 ( 71849 ) on Monday March 17, 2008 @02:41PM (#22775834)
    What are you talking about? Nobody needs to have basic cable.
  • by Hatta ( 162192 ) on Monday March 17, 2008 @02:46PM (#22775898) Journal
    Why do you get to define what sort of language is permissible and what kind isn't? I would argue that censorship is vandalism of language, as quite often there's nothing as expressive as a well used profanity.

    There is no objective measure of what language is lower or higher than another. It's all just words.
  • Re:Crazy society (Score:5, Insightful)

    by rbochan ( 827946 ) on Monday March 17, 2008 @02:49PM (#22775938) Homepage
    "We train young men to drop fire on people. But their commanders won't allow them to write 'fuck' on their airplanes because it's obscene!"
            - Colonel Kurtz, Apocalypse Now
  • by plague3106 ( 71849 ) on Monday March 17, 2008 @02:49PM (#22775946)
    Why should parents complain to the station? It has the same effect as censorship. I would state that adults should a) not be so easily offended and b) realize that while they may disprove, nobody else in the world should care, and move on with the lives.
  • by Hatta ( 162192 ) on Monday March 17, 2008 @02:51PM (#22775974) Journal
    As Lenny Bruce said, "If they can take away your right to say 'fuck', they can take away your right to say 'fuck the government'". And that's a message that deserves to be broadcast.
  • Re:In other news (Score:5, Insightful)

    by morgan_greywolf ( 835522 ) on Monday March 17, 2008 @02:55PM (#22776034) Homepage Journal
    Definitely. Such administrative controls can also be used to get children to 1) do their homework, 2) do their chores (aka "assigned tasks"), 3) eat their vegetables, and/or 4) go outside and get some fresh air before the TV can even be turned on.

    It's called parenting. When I was growing up, there were no technological controls available. We didn't have TVs in our bedrooms, and we were only allowed to watch what we were told we were allowed to watch. You watch something else and you were going to get yourself into trouble.

    The bottom line is that if you need technology to control what you're kids are watching -- you are doing something wrong.
  • by Abcd1234 ( 188840 ) on Monday March 17, 2008 @03:01PM (#22776124) Homepage
    Common convention defines it. So does common sense.

    No they don't. Otherwise, the Supreme Court would have nothing to rule upon.

    Example: Is the word "nigger" allowed?
  • by gnick ( 1211984 ) on Monday March 17, 2008 @03:01PM (#22776128) Homepage

    You're advocating adding obscenities, or perhaps also profanities.
    The problem here is nit-picking what's obscene/profane. I think that reality shows are at least as insulting as the occasional dirty word. And, I don't want my kids exposed to mind-numbing Paris Hilton garbage or Big Brother or any of that other tripe. I choose not to "color my world with such muck", so I either watch a different channel or just turn the TV off. It should not be a major hurdle to figure out which shows are likely to offend you and avoid them.
  • by yuna49 ( 905461 ) on Monday March 17, 2008 @03:04PM (#22776158)
    The Supreme Court chooses to hear roughly 100 cases per year from a pool of some 7,500 petitions. After not touching the issue of broadcast language for 30 years, at least four Justices agreed to hear such a case now. Is this an effort by the conservative wing of the Court to uphold the FCC's (and the Bush Administration's) position that some censorship is required and legitimate? Perhaps, but I think this case might be about something else.

    The Appeals Court did not rule that the FCC had abridged speech or press freedoms in these cases, but instead that the FCC's policy was not sufficiently well justified. There are standards for the behavior of regulatory agencies like the FCC that require them to spell out in sufficient detail why they've made a change in the rules. The Appeals Court ruled that the FCC had failed to meet these standards. That Court also advised the FCC it didn't think there was a way the Commission could implement its intended policy consititutionally. Since the Supremes are really ruling on the procedural matter, the question of why they took this case becomes even more cloudy.

    I suspect the Bushies are defending other cases where the issue is whether a regulatory agency has provided sufficient justification for changing course. Rules like these restrict the president's ability to change the regulatory regime since opponents of the changes can go to court claiming the agency didn't fulfill its obligations. All those proponents of a strong Executive in the Administration like Dick Cheney would probably love to see the Supremes agree that the FCC had done its job.

    I wish we could learn who voted for cert, but those votes are secret.
  • by Hatta ( 162192 ) on Monday March 17, 2008 @03:05PM (#22776170) Journal
    Your arguments don't hold water. "Because I say so" isn't an argument at all.

    And profanity absolutely can be used for powerful artistic effect. Case in point, Alan Ginsberg's "Howl" [tripod.com], ruled not obscene by the Supreme Court 50 years ago.
  • Re:v-chip (Score:5, Insightful)

    by BitZtream ( 692029 ) on Monday March 17, 2008 @03:05PM (#22776182)

    One approach would be to have the default as-shipped v-chip settings be more conservative, so that people have to go into a setup menu to specifically request more violence, more nudity, more adult language. Given that, networks should then be free to mark their broadcasts appropriately (regardless of time of day) and not worry about who will be offended. Anyone offendable won't be able to watch the broadcast without changing their TV settings to allow it.
    Or we could just modify the default settings for parents to have them do their job and be parents rather than depending on someone/something else to pay attention to what their child is doing. Perhaps if they would actually do their job as a parent rather than breeding then pawning their kids off on someone else to watch them and depend on technology and goverment bodies to determine whats safe for them to hear/see then the US might not be in the state its in currently.

    IOW, why have both the FCC and V-chips. One should be enough as far as content goes.
    As per my above statement, neither are needed for censorship in this matter, just have parents that pay attention to what their kids are doing, then neither is needed, its distributed computing the way its meant to be. What these things facilitate is parents who are completely out of touch with their children.

    Appearently is okay to let your children watch the news reports of school shootings so they get the idea to do it themselves rather be responsible and in touch with your child enough to know that A) watching such thing isn't the brightest of ideas for your unstable goth brat, B) you might actually notice they are an unstable goth brat who has no idea how good their life is compared to someone with real problems.

    Slightly in line with this rant ... I think we should send all the little depressed teenagers who think life is soooooooo horrible to Ethiopia for a 6 month period to live with a family that has real problems, let them figure out how bad life can actually be rather than cuddling them and telling them how sorry we are for them.
  • by Stanislav_J ( 947290 ) on Monday March 17, 2008 @03:08PM (#22776214)

    The FCC has pending before it "hundreds of thousands of complaints" regarding the broadcast of expletives, Clement said. He argued that the appeals court decision has left the agency "accountable for the coarsening of the airwaves while simultaneously denying it effective tools to address the problem."

    I think "hundreds of thousands" is hyperbole -- I can imagine MAYBE a few tens of thousands at most. And it has been shown in the past that the vast majority of these are usually automated "copy, sign, and send" complaints coming from a very tiny group of people associated with some of the right-wing Christian watchdog groups. I seem to recall that of the complaints that came in about the infamous "wardrobe malfunction," all but a tiny handful came from ONE group's members.

    I guess I'm someone who just never understood the whole concept of certain words arbitrarily being designated as "naughty." Profanity serves a purpose in language -- it can be overdone, but there are also times when it is entirely appropriate. I cringe every time I watch "Law and Order" or other crime shows and hear some gang member or drug dealer use the contrived euphemism "friggin'" -- it rings SO false and destroys the credibility of the character.

    And I guess I don't understand people who are offended to the point of pathology by words. Just words. Not even necessarily the idea behind the words (which can be offensive, for much better reasons) but the words themselves. It's like hearing or using those words is some sort of magical incantation that will corrupt their children, compromise their salvation, and spell the doom of Western civilization.

    The best of the bunch are the folks who condescendingly say, "The English language is so rich, there are plenty of words and synonyms -- why so you have to use THOSE words?" And my response is: if you truly appreciate the breadth and variety of the language, why are you trying to LIMIT the number of words that can be used?

  • by Hatta ( 162192 ) on Monday March 17, 2008 @03:13PM (#22776264) Journal
    Some people are offended by the use of the n-word. Should that censorship be overturned? Would you like it if every show on prime-time TV started using that word all the time?

    If it bothered me, I'd watch something else. If enough people watched something else, broadcasters would stop saying things that drove away their viewers.

    There are many other things I could fit in instead of the n-word. Isn't preventing certain kinds of... let's call it deviant pornography... from being shown on TV censorship? Are you arguing against that as well?

    Yes, of course. Let the viewers decide.

    Which is more likely to be harmful: no cursing, or tons of it?

    Censorship is immeasurably more harmful. We cannot let the government get in the habit of prohibiting speech it doesn't like.

    "And why are your feelings more important than mine?"

    Think about it this way, people who advocate censorship believe they have a right not to be offended. That right should apply equally to me and my offense at censorship. It's an inherently contradictory position. As for me, I don't think I have a right not to be offended, but we do have rights such as freedom of speech, freedom from religion, etc, that should be sufficient to prevent the government from censoring.
  • Re:In other news (Score:5, Insightful)

    by blueg3 ( 192743 ) on Monday March 17, 2008 @03:14PM (#22776278)
    Certainly true. To an extent, though, the purpose of these regulations such as those the FCC enforces (and those that various cable networks self-enforce) are to supply parents with information about programming they're not already familiar with. I suppose some parents view it as "too late" if their children accidentally see something unexpected on television (such as, for example, cooking and serving a human placenta on a daytime food show). Of course, this doesn't apply to programming that you're already familiar with and that has a consistent quality. (I'd mostly be concerned about younger children, and children's programming certainly falls into this category.)

    I don't agree with that mindset -- incidental exposure isn't too damaging -- but the FCC regulations aren't entirely intended simply to prevent children from viewing objectionable content while removing the need from parental supervision.
  • Re:In other news (Score:3, Insightful)

    by Surt ( 22457 ) on Monday March 17, 2008 @03:17PM (#22776298) Homepage Journal
    I'm not sure ... if it was intentional, it was extra funny.
  • by fbjon ( 692006 ) on Monday March 17, 2008 @03:22PM (#22776356) Homepage Journal
    That the line exists is not the point. The point is that the line can be moved.
  • Re:In other news (Score:1, Insightful)

    by Anonymous Coward on Monday March 17, 2008 @03:40PM (#22776546)
    It has been proven beyond any shadow of a doubt that just like these people wouldn't leave "Playboy" lying around their house for the kids to see, they don't have to have TV's lying around either. Bunch of bumpkins; get rid of the "boob tube" if they don't like boobs and read a frickin' book. Damn it. Ridiculous bunch of nincompoops. Where does it say, "thou must haveth a TV in thine house, for from it comes nothing but goodness?"
  • Re:In other news (Score:5, Insightful)

    by sm62704 ( 957197 ) on Monday March 17, 2008 @03:49PM (#22776632) Journal
    "What, your TV doesn't have a v-chip?" No, but my hand certainly has a "back".

    I don't know where this originated, but the Bellamy Brothers have a very similar song that Google can't seem to find the lyrics to.

    I had a drug problem when I was young: I was drug to church on Sunday morning. I was drug to church for weddings and funerals. I was drug to family reunions and community socials no matter the weather.

    I was drug by my ears when I was disrespectful to adults. I was also drug to the woodshed when I disobeyed my parents, told a lie, brought home a bad report card, did not speak with respect, spoke ill of the teacher or the preacher. Or if I didn't put forth my best effort in everything that was asked of me. I was drug to the kitchen sink to have my mouth washed out with soap if I uttered a profane four letter word. I was drug out to pull weeds in mom's garden and flower beds and cockleburs
    out of dad's fields.

    I was drug to the homes of family, friends, and neighbors to help out some poor soul who had no one to mow the yard, repair the clothesline or chop some fire wood. And if my mother had ever known that I took a single dime as a tip for this kindness, she would have drug me back to the wood shed.

    Those drugs are still in my veins; and they affect my behavior in everything I do, say, and think. They are stronger than cocaine, crack, or heroin, and if today's children had this kind of drug problem, America might be a better place today.
  • by dfghjk ( 711126 ) on Monday March 17, 2008 @03:55PM (#22776692)
    "Your vandalism of the language is less important than the sensibilities of others that would prefer to hear tracts of communications that aren't littered by detritus, poop-language, banal references to sex, and other excreta."

    Why? What is it about certain words constitutes "vandalism of the language"?

    "I/we/they deserve a common communications over the free and public airwaves that's free of obscenity."

    Why?

    "If you want to color your world with such muck, it is your choice to lower yourself to this standard. Instead, lift to one that's free of it."

    Why is such a thing lowering a standard? The standard is arbitrary. Avoiding it is not lifting either. Your arguments are predicated on the correctness of your point of view. Try saying something compelling.

    " On private media, do what you will-- including this one. If you feel compelled to spew, do it in a place where your choices don't sully the common good."

    An arbitrary definition of "common good". Free expression of thought is for the common good yet restriction of vocabulary inhibits that.

    "Your feelings, scatalogical or obscene, have merit, but not with in the context of a public place."

    Obscene yes, but only because "obscene" is defined in precisely that way. You are simply circular language here. It's good to know you consider scatological topics to have merit, but that's not surprising considering your point of view. Eat it up, baby.

    "Do I use any of these? Occasionally, within private context, and not on the public airwaves-- which is the context of the post." ...and because they are your views, they must be right even though they are totally arbitrary.

    What constitutes obscenity changes with time and regulations barring it are arbitrary. Back when communications resources were limited, the government could justify regulating usage of precious public property. Now, such justifications are hard to sustain. If you want to save yourself from challenging language, then choose your sources accordingly. You have no right and are not "deserving" of forcing your morality or your definition of "obscenity" on everyone else. We aren't limited to a few channels anymore and obscenity regulations need to disappear.
  • by Palshife ( 60519 ) on Monday March 17, 2008 @03:56PM (#22776708) Homepage
    You live in America, yes? Swearing *is* common convention. Your elitism does not negate reality.
  • Re:In other news (Score:5, Insightful)

    by morgan_greywolf ( 835522 ) on Monday March 17, 2008 @04:03PM (#22776770) Homepage Journal

    an obvious examples examples being frontal nudity or other explicit pornography.
    Nudity and pornography aren't the same thing. Exposing a child to an unclothed human body isn't likely to be psychologically damaging at all really. Pornography is the depiction of sexual acts. Nudity displayed in a non-sexual context is absolutely fine for children to see. The problem with American society is that it seems to be unable to distinguish between the two.
  • Re:In other news (Score:5, Insightful)

    by uniquename72 ( 1169497 ) on Monday March 17, 2008 @04:04PM (#22776776)

    ...every person has an abolute right to not be even "incidentally exposed" to some things,or have their child exposed to it, an obvious examples examples being frontal nudity or other explicit pornography.
    I agree -- we should ban the internet!!

    incidental exposure can be irreparably damaging
    I hear people say this, yet 100% of people I've asked saw porn as children and didn't turn into serial killers. Could you cite a source that isn't funded by any religious group? I find it much more likely that kids who are traumatized by such things are harmed more by their parents' serious over-reaction than by the porn itself -- Janet Jackson's breast comes to mind (as an example of the "frontal nudity" that you're so worried about).

    Funny how the world is full of 2-year-olds who see tits all the time, yet show those same tits to an 8-year-old and suddenly they've been scarred for life.
  • by uniquename72 ( 1169497 ) on Monday March 17, 2008 @04:18PM (#22776928)

    The exclamatory use of obscenity is designed to provoke.
    So if I burn my hand on the stove and say, "FUCK!" exactly who or what am I trying to provoke? What happens if I accidentally do it on live television? What if I write a show in which a character does it?

    Such provocation within the context of civil discourse has no place-- on the public airwaves
    What if my show has nothing to do with civil discourse? What if it's a documentary on gang culture, or prison life, or the war movie mentioned in the article? Clearly, your black and white view not only has nothing to do with common sense, but it's also a smokescreen for your own prudery.

    Fact is, that's how lots of people talk, so banning it accomplished nothing but censorship.
  • Re:In other news (Score:5, Insightful)

    by hedwards ( 940851 ) on Monday March 17, 2008 @04:28PM (#22777040)

    I have to strongly and completely disagree with one thing you said - incidental exposure can be irreparably damaging, depending on what the exposure is to. Not so much words, but every person has an abolute right to not be even "incidentally exposed" to some things,or have their child exposed to it, an obvious examples examples being frontal nudity or other explicit pornography.
    Great idea, but the most damaging programs on TV aren't "incidental" there designed specifically to be desired by the depraved.

    Most reality programming for example is deliberately set up to exploit the participants as the producers torture the participants for ratings.

    Dramas that portray the criminal justice system through fictional stories. In pretty much all the cases I know of they use deliberately unrealistic portrayals of both the pretty much everything involved in order to make it catchy to the sort of people that thoroughly enjoy schadenfreude.

    Reality programs which cover real crimes or real accidents.

    Realistically if you're going to try and suggest that "incidental exposure" is harmful you're going to have to demonstrate that it is more harmful than the slew of demeaning, degrading, perverse shows that the FCC thinks are A-OK for viewing.

    And I find it hard to believe that a couple of seconds of breasts on TV or a few expletives that slip through are going to cause more harm than the other programing which is already on the air.

    Really the only way for parents to deal with this is either to sit in the same room and monitor the programming, cut off anything but approved DVDs or just remove the TV and internet completely from places that kids can access.
  • Re:In other news (Score:5, Insightful)

    by blueg3 ( 192743 ) on Monday March 17, 2008 @04:44PM (#22777186)
    "...but every person has an abolute right to not be even "incidentally exposed" to some things..."

    That's not true. You have a certain right to not be forced to be subjected to objectionable material (the corollary to the right to free speech is the right to walk away), but this doesn't extend to any claim that public resources must be restricted to conform to some mutually-agreed-upon idea of "acceptable". If the option to turn off the television is reasonable, then your right to not listen/view is satisfied.

    Don't tack the word "absolute" onto a discussion of rights just because you happen to think that right is particularly important. :p
  • Re:In other news (Score:3, Insightful)

    by Kozar_The_Malignant ( 738483 ) on Monday March 17, 2008 @04:57PM (#22777306)
    Since this case is about fleeting expletives, it seems to me to be much ado about nothing; and your arguments seems specious. Children hear far more expletives in the course of their usual day than they are likely to hear on television. Language and standards change over time. Get over it. However, since you are the one claiming to be an attorney arguing a case before the US Supreme Court in support of old-fashioned standards of language, I do hope that the grammar and sentence structure of your pleadings are much better than you have shown here.
  • Re:In other news (Score:3, Insightful)

    by Wordplay ( 54438 ) <geo@snarksoft.com> on Monday March 17, 2008 @05:06PM (#22777390)
    You lost me at "not the consumer's responsibility to pay." It's not the government's responsibility, right, or privilege to define indecent content. The 1st Amendment has an obscenity exception, not an indecency exception. The FCC's oversight on indecent content is against the letter and spirit of the Constitution, and I sincerely hope the 1978 decision is overturned or at least severely gutted.

    It absolutely is the consumer's responsibility to manage their own familial censorship/monitoring, including paying for whatever they need to pay for to feel effective doing it. It's the consumer's responsibility because the government cannot and should not be trusted with censoring media. Regarding some of the other responses, I'm not sure how my pointing out the V-Chip translated into a lack of respect for proactive parenting. It's a tool for proactive parenting, just like the guy's DVR logs are a tool. Downplaying the presence of such a tool by saying "people haven't adopted it yet" and then encouraging people not to adopt it seems self-serving to me.

    Regarding the ratings, they're voluntary, like every other ratings system on media in the US. If they weren't, they'd be before the Supreme Court on 1st Amendment issues in no time flat. Take them for what they're worth. It doesn't replace the need to screen what your kid watches, but it's a guideline.

    Regarding the statistics, I agree it's a damned shame that parents won't take a proactive step like buying a TV with new technology to help them parent their children effectively. That doesn't make it the government's job to step in--it just makes it a damned shame. The government isn't there to fix all your problems.
  • by Irish_Samurai ( 224931 ) on Monday March 17, 2008 @05:33PM (#22777644)
    You're welcome to your feelings, but they are by no means a standard.

    For every group you can define that would find offense to the word fuck used in public - I can find a larger one who is not offended created using the criteria used to define yours. And by the time you create a definition that disallows a comparison group worthy of notice, you will have so over defined your social standard that it will be nothing more than a minority.

    Common civility is defined by common action. If the action is becoming so common that it cannot be enforced against, your whole argument is meaningless. Civility is perfunctory or formal politeness, by its definition. Politeness is a culturally defined thing, by its definition, not an absolutely defined thing. It's not the speed of light in a vacuum, or Pi.

    Acting as if the definition of civility you want to be the standard is the standard, and then dismissing everyone else who opposes as "enflamed" is passive aggressive and not conducive to free thought or discussion.

    It's using word choices that don't devolve to a least common denominator of junk words, ones that inevitably provoke.
    That is counter to the definition of common, mathematically and semantically. The lowest common denominator is always going to be the most represented. Therefore, it is probably accepted by most people. Most people deciding an action is OK is how civility is determined in a society. If you want to argue otherwise please be ready to explain what the "advancement" of culture means, and how geographic locals create differing social norms that transcend ubiquitous assumptions of "polite".

    Your assumption that certain words are only used for provocation instead of the most efficient method of communicating a concept within context is plain ignorant. You want to remove context and intent from the equation altogether in order to make your socially programmed response to certain aural stimuli easier to socially disonate into your narrow world view.

    What a joke.
  • Re:Crazy society (Score:3, Insightful)

    by glwtta ( 532858 ) on Monday March 17, 2008 @05:40PM (#22777722) Homepage
    "You can prick your finger, but you can't finger your prick." etc.
  • Re:In other news (Score:3, Insightful)

    by IndustrialComplex ( 975015 ) on Monday March 17, 2008 @05:49PM (#22777808)
    I suppose some parents view it as "too late" if their children accidentally see something unexpected on television (such as, for example, cooking and serving a human placenta on a daytime food show).

    Actually, I doubt that would be covered by how most of these 'obscenities' are classified. Nor do I think it should.

    After all, what part of that would be 'obscene'?
  • Re:In other news (Score:5, Insightful)

    by IndustrialComplex ( 975015 ) on Monday March 17, 2008 @05:52PM (#22777844)
    an obvious examples examples being frontal nudity

    What is wrong with nudity?
  • by IndustrialComplex ( 975015 ) on Monday March 17, 2008 @06:06PM (#22778000)
    Say what you want by the stove. If I have a microphone connected to a live ABC feed, then kindly blurt something else-- or at least give one a chance to explain the unique circumstances. No one is trying to stifle speech here. Instead, the argument is about what goes over the public (not private) airwaves.

    Yet what if I feel that the extreme degree of my displeasure can only properly be expressed by utilizing very specific words.

    If this were over private airwaves, I could understand censorship. But these are public, and the purpose of the government is to ensure that the broadcasters don't go beyond the spectrum which is allocated to them, and to provide certain services to the government such as the emergency broadcast systems.

    I find it insulting that the government seems to find the female nipple obscene while the male nipple is wholesome. The government should manage the spectrum, not the content.
  • Re:In other news (Score:3, Insightful)

    by Penguinisto ( 415985 ) on Monday March 17, 2008 @06:12PM (#22778038) Journal

    Or they could accept the fact that the world is a nasty place, and sooner or later their children will encounter something unsavory. They should be preparing their children to handle uncouth imagery responsibly, not sheltering them from it.

    Agreed - but when and where? A 4-year-old child is not an 8-year old child, and no two children of the same age are equally mature, nor equally intelligent enough to comprehend what they just saw or heard. No two sets of parents would easily agree on when and where kids should be allowed to come across such topics and subjects. Also, what happens when there's more than one kid in the house, and their ages differ greatly?

    I already know the argument: "you still control the remote, so..." Sure, a parent can shut off the TV and/or change the channel. But conversely, you can just as easily subscribe to the cable/sat channels where you can get your fill w/o having even more of it to peruse through. IOW, that argument is a wash.

    Personally, in such a situation I'd simply have a series of channels that were kid-safe and wide-open, then lock the rest out, slowly unlocking them as the kid(s) got older (and with a differential that opens after the younger kid(s) go to bed).

    It's a complex subject, with no easy answers... even one that says 'the world sucks anyway - better prepare your kid for it'.

    /P

  • Re:In other news (Score:3, Insightful)

    by A coward on a mouse ( 238331 ) on Monday March 17, 2008 @06:32PM (#22778230)
    So, according to you, there are only two ways to parent a child. The old way involved watching what your child was doing, correcting them if they did wrong, and, most importantly, instilling violently racist, sexist, and homophobic beliefs. The new way that you seem to advocate mostly involves, from what I'm able to tell, providing for basic needs while just letting them figure out for themselves what's right and wrong.

    Call me (and my wife) crazy, but we've got this totally out-there idea that we'll raise our child by watching what she does, correcting her when she does wrong, and (this is the truly insane part) instilling our generally peace-loving, non-racist, non-sexist, non-homophobic values. I know, I know, just totally bonkers, but we've got a hunch that, this way, we might be able to raise a child that doesn't graduate high school as a morally bankrupt illiterate with an insatiable appetite for celebrity news, "reality" tv, and fast food. Probably we got this crazy idea from our parents, who apparently missed the part of the mandatory pre-1980 parenting classes that said they had to turn us into KKK members.
  • by amRadioHed ( 463061 ) on Monday March 17, 2008 @06:56PM (#22778386)
    Yes, it is true that screaming "fire" in a crowded theater could potentially hurt people. Screaming "shit" on the television? I fail to see the potential for damage there. Could you please provide an example that illustrates swearing on TV's ability to cause harm?

    BTW, a lot of things which are allowed on TV are designed to bypass the rational mind and evoke emotional responses in other people against their will. They're called ads.
  • Re:In other news (Score:2, Insightful)

    by glitch23 ( 557124 ) on Monday March 17, 2008 @07:01PM (#22778420)

    Nudity displayed in a non-sexual context is absolutely fine for children to see. The problem with American society is that it seems to be unable to distinguish between the two.

    I mentioned this in a comment a couple weeks ago when someone made the generalization that parents over react by not discussing or letting their kids see nudity. Nudity isn't necessarily the problem but porn is. I believe that the issue isn't that American society (read: the media, in all forms) can't distinguish between the two but rather they don't want to. American society is obsessed with sex in magazines, TV, movies, etc. It sells supposedly. The problem is that profit is made from exploiting the human body and because of that there is little reason to make a distinction. Regular nudity is boring and wouldn't make money. It has to be provocative. If it wasn't then teenagers would be hording anatomy text books instead of Playboy. Of course, the defenders would say if the demand is there then there should be a supply. I'd say just because you can doesn't mean you should but again it's all about the money. Morals cost too much.

    More on topic, just because I can use a v-chip enabled TV or utilize TV ratings doesn't mean a show should be aired that has filth in it. I definitely wouldn't want my kids (if I had any) to hear it but *I* don't want to hear it either even as a 29 year old male. I don't need to have filth as part of my entertainment and it says something for people who do. I don't like watching shows that are rated MA because the story may be good and compelling but I don't need to see naked men or hear dialog that reminds me of high school. Sure I can turn the channel but how long before we have live murders being broadcasted? How long before we see homosexual sex on TV (for all I know this has already been done but I don't think it has)? That won't be too far behind considering the content that Nip/Tuck considers entertainment.

    If we don't complain about the content there is nothing stopping that from happening because the standards will gradually decline to the point where watching live murders or varying levels of sodomy will be acceptable. The defenders will simply say to turn the channel. Fine, I turn the channel but the show is still on the air and it shouldn't be, at least not with some of the scenes inserted (maybe for shock value). Just because you can doesn't mean you should. Those who consider that entertainment and *want* to be entertained that way have bigger issues. With what is on network television these days we aren't far from being able to drop Cinemax.

    It isn't all about the children; Many adults don't consider gross violence, nudity, etc. as entertainment and frankly it degrades the entertainment value to the point where those people find something else to watch. Are rating that important where media producers would rather bring in a fraction of their potential viewers by peppering their content with obscenities (both visual and audible)?

    The battle involves American society defined as the media and American society defined by the regular people who have a higher set of standards and morals than what the media have. The question is whether the FCC will uphold the standards and morals defined by everyday American society or the standards/morals defined by the society that includes Hollywood (1 supplier of filth), guys who still think they are in high school (1 source of demand for filth), et al.

  • Re:In other news (Score:5, Insightful)

    by Creedo ( 548980 ) on Monday March 17, 2008 @07:50PM (#22778776) Journal
    More on topic, just because I can use a v-chip enabled TV or utilize TV ratings doesn't mean a show should be aired that has filth in it.
    And this is the point. YOU don't like it, so YOU wish to enforce YOUR MORALS on SOMEONE ELSE.

    You are free to think it is filth. You are free to keep it out of your house. You are even free to bitch about it in public. But the moment you try to dictate what I can watch, you've stepped over the line. If you don't like it, or don't want your kid seeing it, you know what to do. But keep the hell out of MY living room.
  • Re:In other news (Score:3, Insightful)

    by QCompson ( 675963 ) on Monday March 17, 2008 @09:40PM (#22779456)

    Exposing a child to an unclothed human body (of an adult) is horrible parenting and can certainly be psychogically damaging... As a juvenile court judge for over 14 years...
    I weep for our judicial system. Nudity in and of itself shouldn't be damaging. Shocking, maybe. Repulsive, probably. But if simple nudity can be considered psychologically damaging in the long-term, then that tells me that there is something wrong with our society as a whole, not with parents or television or the internet or whatever.

    I hate to break this to you, your honor, but we are all naked under our clothes. Your example of a woman saving herself for marriage is completely absurd. Are you seriously arguing that a woman should be able to not know what a male body looks like until she is married? Should we cut out anatomical diagrams from textbooks? You not arguing for for freedom of choice... you are arguing that all of society should tiptoe around in case some individual wants to remain completely ignorant of basic human knowledge.

    Simple nudity is not pornography.
  • Re:In other news (Score:3, Insightful)

    by Vermifax ( 3687 ) on Monday March 17, 2008 @10:34PM (#22779750)
    "Exposing a child to an unclothed human body (of an adult) is horrible parenting and can certainly be psychogically damaging. "

    Uh oh, there goes breast feeding, and showering with mom and dad.

    Sarcasm aside, you're full of bs. Exposing a child to an unclothed adult is not horrible parenting and is in no way psychogically (sic) damaging.
  • Re:In other news (Score:1, Insightful)

    by Hyperspite ( 980252 ) on Monday March 17, 2008 @10:39PM (#22779776)
    I am by no means a parent, but in my limited experience, the most intellectually robust people are the ones that don't shield themselves from any kind of knowledge, be it regular news media, goatse, or what have you. Because these people are constantly challenging their ideas, and desensitizing themselves to emotional shock, they can more easily deal with the core of real problems, and do it in possibly counterintuitive ways.

    If I was a parent, I would let the kid absorb any information they wanted to so long as it didn't physically hurt them. I would just provide them with context. Yes a four year old isn't going to do very well with that, but its a process. Of course if they took something to the extreme, I might have to stop them - rarely does one solution work all the time - but I think openness and sunshine should be the default, not control.
  • Re:In other news (Score:3, Insightful)

    by Aetuneo ( 1130295 ) on Monday March 17, 2008 @10:53PM (#22779836) Homepage
    How long before we see homosexual sex on TV (for all I know this has already been done but I don't think it has)?

    Right. And how long before we see heterosexual sex on TV? Is homosexual sex somehow more damaging? Or are you just scared that seeing other options might let your children, and others, be able to choose something different? Cults tend to tell their members to avoid differing viewpoints, or, more to the point, prevent them from seeing differing viewpoints. I'm sure that you would hate it if someone decided to screen all propaganda (sorry, "advertisements") produced by people with a different viewpoint (republicans blocking democratic advertisements, car companies blocking each other, and so forth. Perhaps you would just enjoy having fewer ads - I know I would - but why would they stop at advertisements? What if programs that discussed or promoted topics that you were interested in, but which were objectionable to some other people, were blocked?)

    Hmmm ... I know, let's block all discussion of Evolution from television! After all, some people find it objectionable.
  • Re:In other news (Score:4, Insightful)

    by Bryan Ischo ( 893 ) on Monday March 17, 2008 @11:07PM (#22779880) Homepage
    Given what the parent poster has said, I think that he/she would *never* impose their standards on anyone else in the way that you want to. It's really not that hard to do - you just have to be able to allow someone to watch something that you yourself would not want to watch. If you feel a moral imperative to stop people from doing things that you think they shouldn't do, then you will find this difficult. But those of us who have no problems letting other people be as crude (from our own viewpoint) as they want to be, have no problem with this.

    Furthermore, you speak as if you think the 'burden of proof' is on people to convince you that they should be allowed to watch what they want. That is totally backwards. You should be trying to prove why you have any right whatsoever to dictate the rules about what other people can watch, with your only justification thus far being that you wouldn't want to watch it so they shouldn't either. So far your arguments have not been very compelling.

    On a related note, I lived in the USA all my life but moved to New Zealand a bit over a year ago. I was really surprised to see that they have almost no "broadcast standards" here. They do keep the racy stuff off the air until 8 or 9 pm but after that it seems anything goes. I have seen full frontal nudity (male and female), simulated sex, gore, every swear word there is and just about any tasteless joke you can think of (actually all of this was accomplished in pretty much one movie shown in the late evening time slot - Scary Movie 3 (or was it 4?)), all broadcast over the free airwaves that anyone at all can pick up just by turning on their TV.

    I find it completely and entirely refreshing after having grown up in the USA where I wouldn't even bother watching movies on TV because they are so edited and bleeped out that it's not even like watching the original. I wholeheartedly support New Zealand's much less fascist (when compared to the USA) broadcasting standards. It is Yet Another Thing to love about this great country of New Zealand, that you will not find in the stone age culture of the USA.

    I have young children and I don't fret the fact that these R rated movies (and R rated TV shows - you should see some of the stuff that comes out of the U.K.!) are shown on TV. When I need to exercise parental control to ensure that my kids don't see it, I will. I don't need the government to do it for me, I am a perfectly capable parent.
  • Re:In other news (Score:3, Insightful)

    by mog007 ( 677810 ) <Mog007NO@SPAMgmail.com> on Monday March 17, 2008 @11:28PM (#22779976)
    As a judge, I'm assuming a judge in the United States, are you not required to read the Constitution and make an oath to obey it to the best of your ability?

    How are you able to read "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech/B" and still think that the FCC, which is granted authority by Congress, isn't violating it?

Always try to do things in chronological order; it's less confusing that way.

Working...