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The Honolulu Advertiser
Posted on: Friday, July 20, 2007

Senate panel passes anti-indecency bill

By John Dunbar
Associated Press

Hawaii news photo - The Honolulu Advertiser

Sen. Daniel K. Inouye

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WASHINGTON — A Senate committee yesterday acted to restore the government's authority to fine television and radio broadcasters for airing profanities, even if they are fleeting references.

The Senate Commerce, Science and Transportation Committee approved a bill that would undo an appeals court ruling that invalidated the Federal Communications Commission's new profanity policy.

For years the agency punished broadcasters for airing profanities only if they referred to a sexual or excretory activity.

The agency changed course, contending that use of such common profanities and two words beginning with "s" and "f" are inherently indecent. Broadcasters, led by Fox Broadcasting, challenged the commission's decision.

By a 2-1 vote, the 2nd U.S. Court of Appeals in New York tossed out the profanity rules and said the FCC failed to "articulate a reasoned basis for its change in policy."

In response came the "Protecting Children from Indecent Programming Act," sponsored by Sens. Jay Rockefeller, D-W.Va., and Mark Pryor, D-Ark. It would require the FCC "to maintain a policy that a single word or image may be considered indecent."

Rockefeller said in a statement that the legislation "is a small but critical step in making sure that the airways remain free of words and images that are patently offensive to the vast majority of Americans."

Co-sponsors were the committee chairman, Sen. Daniel K. Inouye, D-Hawai'i, and the top Republican, Sen. Ted Stevens of Alaska.

The FCC chairman, Kevin Martin, said in a statement that members of Congress "stated once again what we on the commission and every parent already knows: Even a single word or image can indeed be indecent."

The agency is considering its options regarding the appeals court decision. They include appealing to the full appeals court, trying to go directly to the Supreme Court or doing nothing.

Unless the agency goes back and justifies its change in policy, the old rules on expletives are still in force.