ACLU Attacks FCC

LOS ANGELES — The American Civil Liberties Union (ACLU), along with a variety of other groups, has issued a statement to the U.S. Supreme Court, claiming that the Federal Communications Commission (FCC) lacks the authority to regulate non-obscene speech.

The groups claim that the FCC's practice of deciding what or isn't "decent" amounts to "unconstitutional censorship."

The move was prompted by an FCC action challenging a lower-court's overturning of its claim that Fox Television aired a "fleeting indecency" during a Billboard Awards show.

The Amicus Curiae was filed by The American Civil Liberties Union; The New York Civil Liberties Union; American Booksellers Foundation For Free Expression; American Federation Of Television And Radio Artists; Directors Guild Of America; First Amendment Project; Minnesota Public Radio/American Public Media; National Alliance For Media Arts And Culture; National Coalition Against Censorship; National Federation Of Community Broadcasters; Pen American Center; and Washington Area Lawyers For The Arts; and asks the Supreme Court to evaluate the FCC's decency-enforcement rules, stating that "no agency should be given such power under the constitution."

Part of the controversy surrounds the issue of a potential violation of the Administrative Procedures Act by the FCC, since it is claimed that the Commission did not give the nation's broadcasters sufficient notice that brief, unexpected profanities would be fined.

"The entire indecency regime, in light of 30 years' experience, can no longer be justified by any constitutionally permissible construction of the statute," the brief declared.

"Technological developments since Pacifica [a Supreme Court decision that upheld the FCC's authority] indicate that the rationale for censorship of non-obscene broadcasting has lost whatever persuasive force it once may have had," stated the brief. "Given cable television, the Internet and other electronic media today, broadcasting is no longer 'uniquely pervasive' and 'uniquely accessible to children.'"

The brief didn't call into question the role of the Commission in regulating the broadcast spectrum, which is a finite resource that requires governmental management, but only its role in determining the appropriateness of the content delivered over the airwaves.

"There is surely a difference between structural rules designed to promote more speech and censorship rules based on broad, shifting and culturally driven criteria such as 'patent offensiveness,'" the brief stated.

View Document

Related:  

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

NC Governor Vetoes Bill Targeting Adult Industry, Override Possible

North Carolina Governor Josh Stein today vetoed a bill imposing new regulations that adult industry observers have warned could push adult websites and platforms to ban most adult creators and content.

25,000 Sign Petition to Legalize Pornography in Ukraine

An OnlyFans model’s petition to decriminalize pornography in Ukraine has amassed the 25,000 signatures required for official consideration by President Volodymyr Zelensky.

FSC Unpacks SCOTUS Age Verification Ruling in Webinar

The Free Speech Coalition conducted a public webinar Tuesday to help adult industry stakeholders understand the Supreme Court’s recent decision in FSC v. Paxton, and its potential implications.

UK Lawmaker Calls for Appointment of 'Porn Minister'

Baroness Gabrielle Bertin, the Conservative member of Parliament who recently convened a new anti-pornography task force, is calling for the appointment of a “minister for porn,” according to British news outlet The Guardian.

FSC Toasts Jeffrey Douglas for 30 Years of Service

n the very same evening when the adult industry was hit hard by the Supreme Court ruling supporting Texas’ controversial age verification law, HB 1181, members of the Free Speech Coalition board, staff and supporters gathered to celebrate Jeffrey Douglas’ 30 years as board chair — a fitting reflection of his reputation as an eternal optimist.

FSC: Age-Verification Laws Go Into Effect in South Dakota, Georgia, Wyoming on July 1

The Free Speech Coalition (FSC) has published a statement regarding new age verification laws set to go into effect tomorrow in South Dakota, Georgia, and Wyoming.

FSC Responds to Supreme Court Decision on Texas AV Law

The Free Speech Coalition (FSC) has released a statement responding to last week's Supreme Court decision on FSC v. Paxton, the Texas age verification law.

UPDATED: Supreme Court Rules Against Adult Industry in Pivotal Texas AV Case

The U.S. Supreme Court on Friday issued its decision in Free Speech Coalition v. Paxton, striking a blow against the online adult industry by ruling in support of Texas’ controversial age verification law, HB 1181.

North Carolina Passes Extreme Bill Targeting Adult Sites

The North Carolina state legislature this week ratified a bill that would impose new regulations that industry observers have warned could push adult websites and platforms to ban most adult creators and content.

Supreme Court Ruling Due Friday in FSC v. Paxton AV Case

The U.S. Supreme Court will rule on Friday in Free Speech Coalition v. Paxton, the adult industry trade association's challenge to Texas’ controversial age verification law, HB 1181.

Show More