The New Censorship, The FCC, The Justice Department, and You!

The Federal Communications Commission has launched an investigation into the controversial 2004 Super Bowl half-time show, in which Janet Jackson's right breast was intentionally exposed during the closing seconds of a live television broadcast. If indecency violations are found, each of CBS parent corporation Viacom's 200 owned and affiliate stations could face a penalty of up to $27,500. The agency could also pursue penalties against the individual performers.

The effects could be even more far-reaching on Capitol Hill. While Janet Jackson's pop-up breast did not create the Broadcast Decency Enforcement Act of 2004, it may propel passage of that Act, thereby strengthening laws against indecency on radio and television.

While some question the government's right to monitor the content of public programming, broadcast controls were ruled constitutional more than 25 years ago. When a New York radio station surprised its listeners in an afternoon broadcast of George Carlin's "Filthy Words" monologue, the U.S. Supreme Court rejected the claim that entertainers and broadcasters have a First Amendment right to shock the public. Observing that "the broadcast media have established a uniquely pervasive presence in the lives of all Americans", Justice John Paul Stevens concluded that "[p]atently offensive, indecent material presented over the airwaves confronts the citizen, not only in public, but also in the privacy of the home, where the individual's right to be left alone plainly outweighs the First Amendment rights of an intruder."

What, if anything, has changed since this landmark decision? Where do we go from here? Join this panel of industry experts including the Chairman of the Free Speech Coalition, the Executive Director of the Parents Television Council, the Vice President of Standards and Practices at Fox Cable Network, radio commentators, and First Amendment attorneys as they discuss the impact of these recent events in the context of the Carlin decision and other indecency debates.

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