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Supremes Take Fleeting Obscenity Case (Or An Object Example Of Why You Need To Vote)

AngelHedgieAngelHedgie Registered User regular
edited April 2009 in Debate and/or Discourse
Ars has an article discussing the ramifications of an upcoming SCOTUS case regarding the FCC's fining of Fox over "fleeting obscenities" (that is, off the cuff, unscripted obscenities said at live events).

Me, the fact that the Court even took the case clearly shows the danger of allowing the Right to expand their control over it is. It's unclear what real issue is here in the first place - to me, at least, this seems to be a sop to the crowd over at the PTC, who have been otherwise taking a shellacking in the courts lately.

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  • NocturneNocturne Registered User regular
    edited October 2008
    A brief explanation of links in the OP is always appreciated.

    In fact I think it should be a rule.

    Edit: Or hell, even quoting the whole article would be better than nothing.

    Edit 2: Thank you Angel for the edit. I'm not detracting or thread shitting, it's just that some of use internet connections that block a large amount of outside links. This is not the case for Ars, but it happens a lot.

    Nocturne on
  • LaOsLaOs SaskatoonRegistered User regular
    edited October 2008
    Nocturne wrote: »
    A brief explanation of links in the OP is always appreciated.

    In fact I think it should be a rule.

    Edit: Or hell, even quoting the whole article would be better than nothing.

    That's not the AngelHedgie way.

    [Edit]
    It's not like it was a very long or tough article though, having now read it.

    Unfortunately, I had to read the link before I even knew what this thread was actually about, and now I feel my time has been wasted. Woe is me, I know, but the start of a new thread should really provide more information.

    As for this case, the only real comment I have is that it's a bit funny to have Fox as the protagonist in a story. Rare.

    [Edit 2]
    What the hell is the PTC, AngelHedgie? Thanks.

    LaOs on
  • ElJeffeElJeffe Registered User, ClubPA regular
    edited October 2008
    So if this holds up, does it basically mean that regulated networks can't have live programming anymore, for fear of "fleeting expletives"?

    ElJeffe on
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  • FeralFeral MEMETICHARIZARD interior crocodile alligator ⇔ ǝɹʇɐǝɥʇ ǝᴉʌoɯ ʇǝloɹʌǝɥɔ ɐ ǝʌᴉɹp ᴉRegistered User regular
    edited October 2008
    I don't think the issue is whether or not the FCC can ban fleeting obscenities, but whether they can change their obscenity rules willy-nilly. An agency like the FCC has to go through a certain protocol - the Administrative Procedures Act - when they change their standards, and the FCC didn't do that when they fined Fox. They can ban fleeting obscenities, they just have to ban it the right way and give networks adequate forewarning.

    I'm not 100% sure on that, but that's my understanding of the case at the moment.

    Feral on
    every person who doesn't like an acquired taste always seems to think everyone who likes it is faking it. it should be an official fallacy.

    the "no true scotch man" fallacy.
  • AngelHedgieAngelHedgie Registered User regular
    edited October 2008
    PTC - Parents Television Council. They literally want to control what you see on TV.

    Jeffe: At the very least, it would change how networks handle live broadcasts. Probably no more surprises.

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  • NocturneNocturne Registered User regular
    edited October 2008
    Chernin noted that the FCC recently came pretty close in one instance to sanctioning a news program that included an expletive. That was CBS's Early Show, on which a guest declared that "I knew he was a bullshitter from Day One," in an interview regarding another competitor in the Survivor TV series.

    I'm not about to rant about "slippery slope" 1st amendment stuff, as I don't see a guaranteed Orwellian future if they did vote in favor of the FCC, but this right here is a good example of just how petty the FCC can be, and that will get even worse if they win this.

    Basically I think it would result on hardly anything being broadcast "live" anymore. Also networks would likely overcompensate out of fear and start editing out a lot of stupid shit that "may be considered offensive."

    Nocturne on
  • NocturneNocturne Registered User regular
    edited October 2008
    ElJeffe wrote: »
    So if this holds up, does it basically mean that regulated networks can't have live programming anymore, for fear of "fleeting expletives"?

    That's what I was thinking. I mean theoretically if some random dude on the street cursed or flipped off the camera during a live broadcast they could be fined.

    Nocturne on
  • LaOsLaOs SaskatoonRegistered User regular
    edited October 2008
    PTC - Parents Television Council. They literally want to control what you see on TV.

    Jeffe: At the very least, it would change how networks handle live broadcasts. Probably no more surprises.

    Thanks.

    LaOs on
  • AngelHedgieAngelHedgie Registered User regular
    edited October 2008
    Nocturne wrote: »
    Chernin noted that the FCC recently came pretty close in one instance to sanctioning a news program that included an expletive. That was CBS's Early Show, on which a guest declared that "I knew he was a bullshitter from Day One," in an interview regarding another competitor in the Survivor TV series.

    I'm not about to rant about "slippery slope" 1st amendment stuff, as I don't see a guaranteed Orwellian future if they did vote in favor of the FCC, but this right here is a good example of just how petty the FCC can be, and that will get even worse if they win this.

    Basically I think it would result on hardly anything being broadcast "live" anymore. Also networks would likely overcompensate out of fear and start editing out a lot of stupid shit that "may be considered offensive."

    Well, 99% of the problem is the PTC. Basically, anytime they see/hear something they don't like on the TV, they start an astroturf protest campaign to the FCC. Literally 99% of all complaints fielded by the FCC originate from PTC actions.

    It would really help if the PTC wasn't allowed to petition the FCC.

    AngelHedgie on
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  • AngelHedgieAngelHedgie Registered User regular
    edited October 2008
    Nocturne wrote: »
    ElJeffe wrote: »
    So if this holds up, does it basically mean that regulated networks can't have live programming anymore, for fear of "fleeting expletives"?

    That's what I was thinking. I mean theoretically if some random dude on the street cursed or flipped off the camera during a live broadcast they could be fined.

    There was a case where two jackoffs inspired by Opie and Andy infuriated a reporter during his broadcast to the point that he cussed them out on air. He was fired over that.

    AngelHedgie on
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  • Gerbil2309Gerbil2309 Registered User regular
    edited October 2008
    Although it was preachy as all fuck at times, I thought that Studio 60's take on this issue was quite good (and ahead of the ball it seems).

    Spoiler is the relevant clip, from Youtube.

    Gerbil2309 on
  • AngelHedgieAngelHedgie Registered User regular
    edited April 2009
    And, as you may or may not have heard, the SCOTUS has fuled that the FCC can regulate "fleeting obscenities". Hopefully, someone will get smart about that, and rein the FCC in.

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  • ÆthelredÆthelred Registered User regular
    edited April 2009
    Why not just delay live broadcasts by a few seconds? That's already done in some cases.

    Æthelred on
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  • ElJeffeElJeffe Registered User, ClubPA regular
    edited April 2009
    Why not just delay live broadcasts by a few seconds? That's already done in some cases.

    They already are, to prevent things like, say, some guy deciding to kill himself on live TV for the lulz.

    This is still a bit of an unreasonable onus. It would apply to, say, some guy in a crowd yelling "fuck!" in a manner that's largely, but not entirely, obscured by ambient noise.

    All because somebody might be offended by a four-letter word they like to pretend doesn't exist.

    ElJeffe on
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  • MrMisterMrMister Jesus dying on the cross in pain? Morally better than us. One has to go "all in".Registered User regular
    edited April 2009
    Isn't the FCC beholden to Congress? So, ultimately, Congress can put them back in line if we decide that they're becoming a nuisance.

    MrMister on
  • OptimusZedOptimusZed Registered User regular
    edited April 2009
    We doubt, to begin with, that small-town broadcasters run a heightened risk of liability for indecent utterances. In programming that they originate, their down-home local guests probably employ vulgarity less than big-city folks; and small-town stations generally cannot afford or cannot attract foul-mouthed glitteratae from Hollywood.
    Speaking as someone who grew up in a tiny rural town, this is completely and utter bullshit.

    OptimusZed on
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  • ElJeffeElJeffe Registered User, ClubPA regular
    edited April 2009
    MrMister wrote: »
    Isn't the FCC beholden to Congress? So, ultimately, Congress can put them back in line if we decide that they're becoming a nuisance.

    Yeah.

    Because that will happen.

    Which congressman do you see leading the charge in defense of the F-word?

    ElJeffe on
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  • MrMisterMrMister Jesus dying on the cross in pain? Morally better than us. One has to go "all in".Registered User regular
    edited April 2009
    ElJeffe wrote: »
    Which congressman do you see leading the charge in defense of the F-word?

    It was a theory question, really.

    MrMister on
  • monikermoniker Registered User regular
    edited April 2009
    ElJeffe wrote: »
    MrMister wrote: »
    Isn't the FCC beholden to Congress? So, ultimately, Congress can put them back in line if we decide that they're becoming a nuisance.

    Yeah.

    Because that will happen.

    Which congressman do you see leading the charge in defense of the F-word?

    Al Franken.

    moniker on
  • ElJeffeElJeffe Registered User, ClubPA regular
    edited April 2009
    moniker wrote: »
    ElJeffe wrote: »
    MrMister wrote: »
    Isn't the FCC beholden to Congress? So, ultimately, Congress can put them back in line if we decide that they're becoming a nuisance.

    Yeah.

    Because that will happen.

    Which congressman do you see leading the charge in defense of the F-word?

    Al Franken.

    Point.

    ElJeffe on
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  • DmanDman Registered User regular
    edited April 2009
    I'm defending Fox's right to be obscene D:

    Definitely a case of "I don't agree with what your saying but I'll defend your right to say it to the death"

    Dman on
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