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July 19, 2007
Senate Commerce Committee: Statement at the Hearing on Protecting Children from Indecent Programming Act
Senator Jay Rockefeller
Washington, DC – Today at the Senate Commerce Committee Hearing markup of S.1780, Protecting Children from Indecent Programming Act, Senator John D. (Jay) Rockefeller IV (D-WV) made the following statement.
“This bill is a narrowly tailored approach that would allow the FCC to maintain its policy adopted in 2003 and hold broadcasters responsible for airing expletives and indecent material even if that material was only shown fleetingly.
“Let me be clear: the Supreme Court long ago held that the FCC has the constitutional authority to enforce complaints about indecent programming.
“But, for many years, the Commission staff did not adequately enforce complaints about “fleeting expletives” or “fleeting images.” Then, in 2003 and 2004, under the leadership of Chairman Martin, the FCC began enforcing its authority to sanction broadcasters who violated the Commission’s indecency rules.
“I believed that the change was long overdue. For years, the FCC turned a blind eye to an increase in the coarsening of the language and images that are broadcast on television.
“Unfortunately, the Second Circuit Court of Appeals in New York ruled that the FCC had not adequately justified its change in policy – sending the Commission back to the drawing board to justify its changes in enforcing the law. I, for one, believe that the dissenting Justice, Judge Leval, noted, properly, that while the majority may not have found the FCC’s reasons compelling, the agency was fully within its right to change its policy.
“If the Federal Communication Commission can not enforce its own rules, than I’m concerned that parents will be held hostage to those who wish to flagrantly disregard the spirit of the family hour and the intent of the TV rating system.
“This legislation is a small but critical step in making sure that the airways remain free of words and images that are patently offensive to the vast majority of Americans.”
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