Views > March 8, 2005

An Indecent Act

By Sen. Bernie Sanders

On February 16, the House passed the Broadcast Decency Enforcement Act of 2005 (H.R. 310) by a vote of 389 to 38. This legislation would impose vastly higher fines—up to $500,000—on broadcasters who air so-called indecent material.

What it doesn’t do is provide any relief from the vague standard of indecency that the Federal Communications Commission can arbitrarily apply. That means broadcasters, particularly small broadcasters, will have no choice but to engage in a very dangerous cycle of self-censorship to avoid the threat of a fine that could drive some of them into bankruptcy.

If this legislation is enacted, the real victim will be free expression and Americans’ First Amendment rights. In a statement I entered into the Congressional Record, John King, president of Vermont Public Television, said, in part:

While many people assume the new sanctions [of H.R. 310] are aimed at commercial broadcasters, public broadcasters are feeling the effects every day. Public television’s educational programming for children has always provided a safe haven. The same public television stations that take such care of their young viewers also respect the intelligence and discretion of their adult viewers to make the best viewing choices themselves. … While there have always been prohibitions against gratuitous indecency, the FCC always took context into account. Now, it seems that context is no longer considered. Much as we might like to invoke our First Amendment rights, we dare not risk the large fine that could come with a single violation.

I am increasingly alarmed by the culture of censorship that is developing in this country. This censorship is being conducted by the corporations that own our increasingly consolidated, less diverse media. And it is being done by the government. The result is an insidious chill on free expression on our airwaves.

I am not a conservative. But on this issue I find myself in strong agreement with Adam Thierer, the director of telecommunications studies at the Cato Institute—a very conservative think tank. He puts forth a commonsense, pro-freedom position:

Censorship on an individual/parental level is a fundamental part of being a good parent. But censorship at a government level is an entirely different matter because it means a small handful of individuals get to decide what the whole nation is permitted to see, hear or think. I’ve always been particularly troubled by the fact that so many conservatives, who rightly preach the gospel of personal and parental responsibility about most economic issues, seemingly give up on this notion when it comes to cultural issues.

We have got to stand firmly in opposition to the specter of censorship growing in America. Here are some examples of increased censorship on the airwaves:

• In January 2004, CBS refused to air a political advertisement during the Super Bowl by MoveOn.org that was critical of President Bush’s role in creating the federal deficit.
• In November 2004, 66 ABC affiliates refused to air the World War II movie Saving Private Ryan for fear that they would be fined for airing programming containing profanity and graphic violence, even though ABC had aired the uncut movie in previous years. This, ironically, was a movie that showed the unbelievable sacrifices that American soldiers made on D-Day fighting for freedom against Hitler, but ABC affiliates around the country didn’t feel free to show it.
• In November 2004, CBS and NBC refused to run a 30-second ad from the United Church of Christ because it suggested that gay couples were welcome to their church. The networks felt that it was “too controversial” to air.
• In January, many PBS stations refused to air an episode of the children’s show “Postcards with Buster” after Education Secretary Margaret Spellings objected to the show’s content, which included Buster, an 8-year-old bunny rabbit, learning how to make maple syrup from a family with two mothers in Vermont.
• An episode of PBS’ “Antiques Roadshow” that included appraisal of an antique nude lithograph was edited so as not to offend.

A lot of people in Congress talk about freedom, but apparently they do not believe that Americans should have the “freedom” to make the choice about what they listen to on radio or watch on TV. There are a lot of people in Congress who talk about the intrusive role of “government regulators,” but today they want government regulators to tell radio and TV stations what they can air. That is wrong. Enacting the Broadcast Decency Enforcement Act of 2005 will make America a less free society.

What America is about is not necessarily liking what someone has to say, but defending their right to say it. Today, it is Janet Jackson’s wardrobe malfunction or Howard Stern’s vulgarity. What will it be tomorrow?

• subscribe to print magazine

  First Name Last Name Home Address City State Zip Code Email

  2-year, 24-issues, $44.95 1-year, 12-issue, $24.95

• stay in touch with our email newsletter

  Subscribe to our regular weekly e-mail newsletter. It's packed with updates on recent and upcoming stories, events, campaigns and things every progressive should be informed about.

   

• email this article to a friend

  Your Name Your Email Recipient Email

  Personal message Thought you might be interested in this article from In These Times.

   

  Please help us prevent spam by verifying the word you see in the image above

  Send to multiple recipients. Just separate each email address with a comma.

• Reader Comments

  I am so against this idea. If you don’t like it, turn it off or change the channel. Please do not regulate what in my opinion is good TV.

  Posted by Brandon on Mar 8, 2005 at 8:06 AM

  Hey whats up howard, im a senior in high school and the biggest belief i have is that no one should be denied the expression of there opinion or idea, i fear this country is heading towards the not so fictional george orwell’s 1984. it seems far fetched to think that that could ever happen but the grim reality is closer than most americans think. i wrote a paper for my high schooland it expresses my opinon as well. feel free to use it to show people or post it to make society aware of the reality of the situation if you like......
  My Views on the First Amendment

  I think that the first amendment is probably the most important right we as Americans have and utilize, although we may not agree with how some people or groups use this right, it is still an important piece to the structure of the American way of life.
  I don’t believe any piece of literature or document should be banned from any public libraries or bookstores. The Anarchist cookbook may be corrupting in most peoples opinion and does have topics in it that are illegal and dangerous, especially after disasters such as Columbine, 9/11 and other American tragedies, but it is still knowledge and only a book. I also believe that if someone wants to unleash terror and destruction, banning a book isn’t going to keep them from doing it.
  No music, television program, movie, or book should ever be censored. Music is an escape not an entrapment. As a musician, writing lyrics and venting your feelings of anger, hate, or even tranquility is a necesity to keep you from exploding in a violent or destructive manner. To censore mine or anyone elses lyrics is to assassinate a form of art and expression. Putting a stop to independent thinking. In Aldous Huxley’s Brave New World, this clearly states what I fear will happen to this country if consorship continues to run the lives of common America. This could branch off into modern day socialism and communism. Or the most extreme examples of the 1900’s, 1940’s berlin with the reign of terror under Adolph Hitler or the deadly governing under Joseph Stalin in 1940’s U.S.S.R or better known as today’s Russia. When you censore a lyric or quote, you have killed a form of art, expression and an idea. If people don’t want their kids to hear profanity or slang then stick to the designated kids networks. Also, if children grow up oblivious to the world around them, then when they grow up, the real world will hit them harder than anyone.  I also think that no clothes should be banned at school. This is also a form of self expression and does not hurt anyone. Myself or somebody else may not agree by the message on their shirt, but everyone has the unalienable right to express themselves.
  The topic of burning the American flag is also a 1st amendment issue. Even though i am completely against burning any American symbol or symbol of freedom, it is still their right and should be allowed. I just hope whoever does, catches fire as well.
  Being a Catholic, I don’t mind any American currency, schools the pledge or anything else having a reference to god in it. I think prayer should be allowed in school and for the most part it is. This school has “The Alliance” and bible classes and stuff. So that really dosen’t bother me and I couldn’t care less about if people don’t want it to be in America’s Symbols.
  The first amendment is the most important right in my opinion. It allows us to do most of what we do in our everyday lives. And i think there should be no censers on any thing. If people don’t like this idea they can do what every American has the ability to do, and that is to, change the channel, lower the volume, don’t look at my shirt, close the book, or stop reading this document.

  Posted by Anthony on Mar 8, 2005 at 8:16 AM

  the above report was written by~~~~~~>

  Posted by Anthony Delorio on Mar 8, 2005 at 10:11 AM

  The mear thought of the FCC telling me what I can or can’t watch as an Adult is scarey, what’s next a mandatory injection into my brain telling me what I have to think? Just wondering, Isnt this sorta the way HITLER started out? ANY and ALL Govt. Officials who vote this into effect should and shall be no longer be voted back into ..PEOPLE WAKE UP the Govt must be told..STAY OUT OF MY BUSINESS...run the govt. kill the Terrorist if you must,but leave my 1st amendment rights alone..
  People you have to raise your chilren the way YOU want them,NOT let or turn the goverment into babysitters, OUR Forefathers fought to give us this freedom , don’t let the new leaders TAKE it AWAY.
  Call or write your Congressmen NOW and tell them . You DEMAND their vote AGAINST this ACT.
  Everything you watch ,say or Do is riding on this, Don’t become the next WWII- GERMANY or IRAQ..SPEAK UP NOW or YOUR FREEDOM IS GONE

  Posted by Keith Dempsey on Mar 8, 2005 at 10:43 AM

  i dont quite understand the warning against “modern day socialism and communism” that you give, Anthony. the form of communism that mao and stalin purportedly subscribed to was not at all what communism or socialism is really about. read the literature, or go to the website. www.worldsocialism.org. 

  ultimately the only people who can do anything about this unwanted censorship, as well as the policies and other acts being put into place by the current government, are the people themselves. organization is vital.

  Posted by josh on Mar 8, 2005 at 10:55 AM

• extended discussion >>>Continued...

  Discussions with more than 5 comments are continued on our special discussion page to encourage continuity and ease of use. There are currently 100 posts.

Member Login

Also by Sen. Bernie Sanders

• Earth to Bush
  While the prez pats himself on the back, 5 million more Americans have slipped into poverty, hunger and homelessness
• Which Side Are We On?
  
• No Small Achievement
  
• Remote Control
  
• An Indecent Act
  
• Ground Control to Mr. Bush