Getting Tough on Indecency

Kevin Martin, the chairman of the FCC, is declaring war on broadcast indecency, with opening salvo being a $3.6 million proposed fine against the CBS program Without a Trace for airing "sexual situations" without either nudity or profane language.

John Eggerton in Broadcasting and Cable reports that the television's creative community is "seething" over the proposed fine:

As Hollywood tries to decipher the federal government's Byzantine findings, writers and show creators say the document has already begun to chill their appetite for edgier fare. Some stations and networks will appeal. CBS, for one, vowed to aggressively fight the charge for the recent fine and the more famous $550,000 fine for Janet Jackson's breast-baring dance at the Super Bowl two years ago, and the network will likely go to court to defend itself against such charges.

The indecency battle is a key First Amendment issue, and the Eggerton story will be a required read in my Media Law course within a few days. Stay tuned for details as to when you'll need to have it completed.