On Tuesday the New York Second Circuit Court of Appeals ruled that the FCC must reconsider the fines that it administers for “unplanned expletives” that are expressed during live broadcasts. The FCC has a very strict policy on these so-called “fleeting expletives” on broadcast television, blatantly violating our First Amendment right to free speech. The court’s decision should please those who respect our First Amendment rights as their holding may potentially limit government control over the media and may stop what many view as the FCC evaluating the content of broadcasts rather than just their technicalities. This case comes at a time when there is already much debate about whether or not the FCC should play such a powerful role in media regulation. The FCC’s regulatory infringement severely violates our First Amendment rights and has certainly added a few flames to the already heated debate between those in favor of strict regulation and those in support of free speech and press.
Perhaps this case may result in greater deference toward the First Amendment, a right that has so frequently been violated and given little respect. Those in support of regulation from the FCC cite the responsibility that the organization has to “protect the public”, as broadcasts are in fact public. They argue that the use of profanity and expletives cannot be completely tolerated, as children are often watching the broadcasts. This argument does seem to raise some valid points, as public opinion does seem to be that there is far too much vulgarity and profanity on television in this day in age. However, if organizations are given the power to regulate the media and our speech in order to adhere to arbitrary standards of what is in the public’s interest, how will a line ever be drawn? Our fundamental rights to free speech and free press as guaranteed to us by the First Amendment certainly seem to outweigh the potential benefits of altering such freedom.