Former FCC Chairs Slam Commission's 'Victorian Crusade'

Former Federal Communications Commission Chairmen Mark Fowler (Reagan) and Newt Minow (Kennedy) are voicing their opposition to the FCC’s indecency enforcement regime.

In an amicus brief to the Supreme Court they argue that recent FCC indecency decisions were unconstitutionally vague and chilling. "[T]he Commission's arbitrary and excessive enforcement policies have exceeded anything contemplated by the Court in Pacifica and should be struck down," the former chairmen wrote, joined by other former commissioners and FCC officials. "In pursuit of a policy of protecting children against exposure to offensive language," they said, "the Commission has embarked on an enforcement program that has all the earmarks of a Victorian crusade. To effectuate its new clean-up-the airwaves policy, the Commission has radically expanded the definition of indecency beyond its original conception; magnified the penalties for even minor, ephemeral images or objectionable language; and targeted respected television programs, movies, and even non-commercial documentaries."

In a separate brief, the National Association of Broadcasters says the FCC's indecency policy is void for vagueness, chills protected speech and that the commission's authority to regulate content is limited, but it is not taking aim at the underpinnings of indecency regulations or broader content regulations.