FCC regulations are well founded

By Heather Saltz

In today’s world, almost every U.S. citizen owns a cell phone, television, laptop, iPad or smartwatch. All of these devices provide access to virtually anything and everything imaginable. With all of the ways in which individuals can obtain information, it is surprising that the government is continuing to regulate these communications, specifically television and radio. However, there are valid reasons as to why these restrictions have not been abandoned.

The Federal Communications Commission is an independent U.S. government agency, overseen by Congress, which regulates interstate and international communications. According to the FCC, their main objective is to “revise media regulations so that new technologies flourish alongside diversity and localism.” The FCC does not regulate cable and satellite television services, but it does monitor other programming during the hours of 6 a.m. and 10 p.m. that might contain material considered to be obscene, indecent and/or profane. Anything outside of that time range is thought to be a safe harbor period, where Congress instructs the Commission to hold back on enforcing restrictions, since most young children are not watching during these hours.

No one wants children watching and listening to material that is considered to be obscene or profane, but in a time where almost every child has access to a cellphone and the internet, it is easy to see where the regulations enforced by the FCC seem to be futile. According to CNBC, children receive their own cellphone between the ages of 10 and 12 years old. Even though children are given smart phones at a young age, it is essential that the parent take certain precautions as they see fit. Parents cannot completely protect their child from hearing and seeing questionable material, but the government provides boundaries when it comes to broadcasts on television and radio. The government has a compelling interest in protecting children, although it is becoming more difficult to do as our technology advances.

In a landmark Supreme Court case, Jacobellis v. Ohio, concerning whether material was considered to be obscene, Justice Potter Stewart famously said, “I know it when I see it.” This remark is quite candid for a Supreme Court justice because it is difficult to decide exactly when material is considered unfit for children, but sometimes you just know. According to Michael Richmond, a professor at the NSU College of Law, “There is certain speech that is not protected at all by the First Amendment, and it was never designed to protect certain speech.”

Many individuals believe that this standard provides the Commission with a broad range of discretion to regulate how they see fit. However, the FCC takes this under consideration and goes to great lengths to ensure that viewers have the opportunity to contact and notify them when a broadcast contains something objectionable.

When individuals hear that there is a government regulation, it is oftentimes not welcomed with open arms. However, in this particular situation, the reasoning for the government’s involvement comes down to one single purpose: to protect children. Yes, there are countless ways children can hear bad words and see material that may be inappropriate, but consider the parents who want to protect their young children from these broadcasts. Richmond stated, “The courts tend to say that it is ultimately up to the parents. The government cannot step in to supplant the parent unless there are instances of parental child abuse.”

There are families who do not allow television or radios in their homes for this very reason. These parents want to be assured that the government is doing something to protect their children from questionable material while their children are outside of the home, as well. Whether FCC regulations between 6 a.m. and 10 p.m. really protect children from obscenity, indecency and profanity is up for debate, but this barrier does provide parents with some peace of mind. If you happen to hear a young child utter a bad word, you will know he or she didn’t learn it from a broadcast between 6 a.m. and 10 p.m.

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