Push for Tougher FCC Indecency Standards Suspended

WASHINGTON — The Senate Appropriations Committee last week rejected an attempt by Sen. Sam Brownback, R-Kans., to attach an amendment to a spending bill that would have given the Federal Communications Commission greater authority to restrict content on broadcast TV.

Brownback, a highly conservative member of the Senate who is seeking the Republican nomination in 2008, attempted to attach two amendments affecting broadcast content to a government spending bill, but could not generate sufficient support within the Appropriations Committee.

The first proposal would have restored the FCC’s ability to fine broadcasters for occasional slips of the tongue — so-called “fleeting indecencies” like Nicole Richie’s use of the word “fucking” at the 2003 Billboard Music Awards.

The second measure proposed by Brownback would have allowed the FCC to regulate violent content on broadcast TV the same way the commission regulates indecent content.

Committee chairman Sen. Robert Byrd, D-W. Va., asked Brownback to withdraw the amendments, and instead bring them to the Senate floor for debate. Brownback declined to drop the amendments, and requested a voice vote on his indecency measure. The indecency measure failed a voice vote, at which point Brownback withdrew his violent content amendment as well.

Brownback’s loss in the Appropriations Committee does not spell the end of his effort to grant expanded content regulatory power to the FCC.

According to media reports, Sen. Daniel Inouye, D-Hawaii, wrote a letter to Brownback saying that his committee, the Senate Commerce Committee, was the proper place to introduce the legislation expanding the FCC’s regulatory power. In his letter, Inouye stated that “our members are aggressively preparing bipartisan legislation to address these issues in a manner that will withstand constitutional scrutiny.”

Reed Lee, a constitutional law expert and current president of the 1st Amendment Lawyers Association, told XBIZ that the power Congress grants the FCC is relevant to the online adult entertainment industry due to the way in which the FCC policies and standards could be adapted and applied to other forms of media, including the Internet.

“The FCC’s regulation of broadcast media has provided a model that some people want to extend out to other forms of media,” Lee said. “The disclaimers that run at the start of certain programs warning about violent or sexual content, the ratings like TV-MA — in a sense this is what people are talking about when it comes to meta tags that could be used to filter web content, content disclaimers and warning pages on websites.”

While Lee said that there’s “nothing unconstitutional, per se, about a sense of decorum,” or requiring that people in certain settings adhere to certain standards set by private entities, the problem starts when the government seeks to extend those prohibitions into the public sector under the rule of law.

“Broadcast indecency is an area of the law that is in greater disarray than most other areas of 1st Amendment law,” Lee said.

Reed cited the FCC’s fine of the Public Broadcasting System for the use of indecent language during the course of a documentary on blues music as particularly problematic. By punishing PBS for the content of the speech in the documentary without considering the context of that speech, Lee said the FCC simply went too far.

“The question is not just whether the language used in a blues documentary is appropriate for 6-year-olds,” Lee said. “You also have to ask how likely it is that a 6-year-old is going to be watching a documentary about the blues.”

While it is not clear when the Senate Commerce Committee will take up the issue, Inouye said that debate of legislation nearly identical to Brownback’s could begin as early as next week.

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

Jessie Rogers Fronts Latest From Blacked

Jessie Rogers has made her debut for Vixen Media Group (VMG) studio imprint Blacked, alongside Damion Dayski.

Penny Barber Makes Her Slayed Debut

Reigning XMAs MILF Performer of the Year Penny Barber has made her debut for Vixen Media Group studio imprint Slayed, alongside Phoenix Marie.

Marvin Love Directs BDSM Release for Brazzers

Brazzers has released a BDSM scene directed by Marvin Love, titled “Lock Stock & Anal.”

Jasmine Sherni Makes Her Dorcel Debut

Jasmine Sherni has made her Dorcel debut alongside Vicki Chase and Isiah Maxwell in the studio's latest release, “The Initiation of Vicki Chase.”

Wasteland Appoints Joe Evans to Head New Content Initiative

Wasteland.com has announced a content initiative with Business Development Director Joe Evans serving as lead creative director.

New Pleasure Product Review Site 'ToyChats' Launches

ToyChats.com, a pleasure product review and discussion site, has officially launched.

AEBN Reveals Jade Venus as Top Trans Star for Q1 of 2025

AEBN has named its top trans stars for the first quarter of 2025, with Jade Venus landing atop the leaderboard.

Billie Gloss Makes Her TransAngels Debut

Billie Gloss has made her TransAngels debut alongside Silas Stone in “Sorority Peeper.”

Reagan Foxx Stars in Latest Installment of 'Thundercock'

2023 XMAs MILF Performer of the Year Reagan Foxx stars with Brad Newman in the latest installment of Naughty America series "Thundercock."

SexLikeReal Debuts 'AI Passthrough' Feature

SexLikeReal has introduced an AI Passthrough for video editing during VR livestreaming.

Show More