FCC ‘has censored speech that is not indecent and that is entitle...
FCC “has censored speech that is not indecent and that is entitled to the highest First Amendment protection,” People for the American Way (PFAW) and artist Sarah Jones said in bid in U.S. Dist. Court, N.Y., for injunction. Suit,…
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as expected (CD Jan 30 p8), seeks to block FCC indecency enforcement action against KBOO(FM) Portland, Ore., noncommercial station that broadcast excerpts from Jones’s Your Revolution recording. Suit says recording is “a statement against indecency and indecent treatment of women in popular culture” and “advocates universally understood values and urges the listener to choose a life-style that denounces subjugation and promotes human dignity.” FCC assessed indecency fine of $7,000 against station (CD May 21 p8) for airing broadcast in 1999. Suit charged FCC didn’t consider “full context” of broadcast and ruling “creates an effective ban on constitutionally protected speech, based on the context and viewpoint of that speech.” Jones said other stations were refusing to air recording because of fear of FCC action. Suit also contended ruling “labels speech that is not indecent as indecent,” isn’t least-restrictive means of achieving govt. purpose, “fails to advance a compelling or substantial governmental interest.” It accused FCC of focusing on sexual terms used, instead of viewing context. PFAW Pres. Ralph Neas said censorship was “never good government policy,” but FCC action was “especially ludicrous” because Jones recording had educational message… By declaring this song indecent a whole range of valuable expression will be jeopardized.”