Ernest Miller: FCC Revives Notion of the Profane
In a decision released yesterday, the FCC announced a new doctrine of fining “profane” broadcasts. Although 18 USC 1464 has always given the FCC jurisdiction over “obscene, indecent or profane language,” the FCC has never based any fine on “profane” language, preferring to rely on indecency rulings. Given the newness of this interpretation of the law and the vagaries of the definition of “profane,” this might be the most far reaching of the FCC’s recent assaults on freedom of expression. Could the FCC be getting into the business of regulating hate speech?
