People + Policy
= Positive Change for the Public Good

The saga of the bare bottom has come to an end, at least for now.
The Supreme Court has overturned fines against Fox and ABC for broadcasting indecent content (including a shot of a naked rear end featured in an NYPD Blue episode cleverly titled “Nude Awakenings”), ruling that the Federal Communications Commission failed to properly notify broadcasters of the agency’s indecency standards. While it may have been a rude awakening for the FCC, it retains its authority to regulate indecent content.
Broadcasters also put forward an argument that all media regulation violates the First Amendment. Had the Supreme Court ruled in the FCC’s favor, the agency’s authority to regulate use of the public airwaves could have been in jeopardy. But the Supreme Court rightly declined to open this constitutional can of worms, instead zeroing in on the FCC’s improper policy enforcement. A 1969 Supreme Court decision established the FCC’s authority to protect the public interest on the airwaves. Today’s ruling does nothing to question that longstanding decision, which ensures that broadcasters using a public resource for profit are obligated to give back to our communities.
Moving forward, we hope the FCC will spend less time policing fleeting expletives and nudity, and more time promoting the public interest by enforcing some of its other rules. The FCC could stop broadcasters from creating local media monopolies, for example, or put some energy into protecting viewers from fake news. Heck, maybe the agency could even get around to investigating News Corp. now that it’s been busted for all sorts of illegal activities. The FCC needs to flex that regulatory authority where it counts.
People + Policy
= Positive Change for the Public Good