Published July 2004 — Download PDF of the original newspaper column
Byrd's-Eye View By U.S. Senator Robert C. Byrd Fighting Back Against Indecency
Radio stations broadcasting vulgar language by national personalities. Nudity shown during the tawdry halftime show of this year's Super Bowl. Music and movie stars using curse words at award shows during prime-time viewing hours. With increasing frequency, the broadcast industry is breaking industry guidelines as well as the public's trust, airing obscene or tasteless content that has no place on America's airwaves. I believe that the public is forced to tolerate too much media programming that is morally unacceptable. I particularly deplore the exposure of children to such negative influences. Certainly, the vulnerability of young minds to these influences can contribute to a breakdown of the moral fiber of our country. Courts have held that obscene speech is not protected by the First Amendment and cannot be broadcast at any time. Further, it is a violation of federal law to broadcast obscene, profane, or indecent programming. Unfortunately, the current maximum fine for broadcasters who disregard the Federal Communications Commission (FCC) guidelines on indecent programming is a drop in the bucket for today's multi-million dollar media moguls. The U.S. Senate recently approved an amendment that I strongly supported to crack down on lewd television and radio programming. The amendment increases the maximum fine on broad- casters who air indecent material from $27,500 to $275,000. This substantial increase will help to deter broadcasters from airing material that is not appropriate for, nor appealing to, the general public. The amendment also calls for a one-year moratorium on the FCC's recent move to relax its rules governing media consolidation. The FCC's dangerous decision to lift the media ownership cap threatens to strangle diverse voices at virtually every level of the country's news and commentary. More than any other resource, local news outlets educate people about the issues that affect their daily lives. The new FCC rules would undermine that role by allowing one person or one corporate interest to control a significant level of discourse and debate. Finally, the amendment addresses indecent broadcasting's impact on children by instructing the FCC to implement effective measures to curb violent programming during the hours with a predominantly young audience. The job of raising young people in today's culture is difficult enough without their being overwhelmed by broadcasters with inappropriate, adult oriented programming. By increasing penalties and utilizing technology and ratings systems to help reduce indecent content, I hope that this legislation will make the job of parenting a little easier. July 14, 2004