HIGHLAND, UT | 27 March 2008 | Arguments about the proper role of government regarding the First Amendment have recently flared as the Federal Communications Commission (FCC) changed its rules about “fleeting expletives.” The basic argument in this story is whether government has the power to regulate and fine networks when expletives are used during live broadcasts.

Key Points:

• The FCC has recently changed its policy making it a violation for broadcasters to allow “fleeting expletives” to be aired. Previously, such fleeting expressions were allowed under certain circumstances.
• A federal appeals court said the new policy was invalid and could violate the First Amendment. The first Amendment states, “Congress shall make no law…abridging the freedom of speech, or of the press.…” The federal appeals court is in essence saying the FCC ruling is an act of Congress abridging the freedom of speech.
• The Founders’ intent with this prohibition against the federal government was intended to protect those who chose to speak out against the government and was not intended to protect profanity or other vices.
• William Blackstone, predecessor of the Founders and British proponent of man’s rights, stated in 1758, “Every freeman has an undoubted right to lay what sentiments he pleases before the public….But if he publishes what is improper, mischievous, or illegal, he must take the consequences of his temerity.” Profanity is, in effect, improper and mischievous in a moral society.
• The FCC’s appeal is that the court has left the FCC accountable for “the coarsening of the airwaves” with no authority to address the situation.
• The involved networks say the old policy of allowing “fleeting expletives”, in place for 30 years, worked well and should not be suddenly changed.
• The Supreme Court will hear the case this fall.

Conclusion:

The debate over rights guaranteed by the First Amendment are important to a thinking and vigilant individual. One of the gems of the United States Constitution, the right of an individual to express himself should be protected for the individual. Clearly understanding this principle is the duty of each citizen. Also, understanding the government’s proper role in this matter is a critical element. Our Founding Fathers believed and taught that the Constitution was built upon the foundation of morality. John Adams said, “Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.” Further, Benjamin Franklin noted, “Only a virtuous people are capable of freedom. As nations become corrupt and vicious, they have more need of masters.” Does the government have the right to regulate the use of certain words over the airwaves of the country? A moral society chooses to regulate itself through independent constraint and general respect for one’s neighbors.

Action Steps:

1. Review the First Amendment to the U.S. Constitution.
2. Read Principle 216 of W. Cleon Skousen’s Making of America.
3. Consider the statements by John Adams and Benjamin Franklin quoted above. Discuss in a family council meeting how to remain free under the Constitution by living virtuous lives.
4. Read the 30-year old ruling between FCC vs. Pacifica Foundation.

MRFC Principles: (3, 4, 11, 12)

Resources

Mark Sherman, AP. “Court Will Examine Profanity Rules,” March 17, 2008

The Constitution of the United States of America, Amendment 1

Skousen, W. Cleon. The Making of America. National Center for Constitutional Studies (NCCS), Washington, D.C. 1985. p. 688-9

Skousen, W. Cleon. The 5,000 Year Leap: 28 Great Ideas that Changed the World. NCCS, Washington, D.C. 1981. p. 49, 56