Wednesday, July 14, 2010

I guess it's fucking okay to say fuck on a fucking television show . . .

Yesterday, the U.S. Court of Appeals for the Second Circuit issued a decision holding that the indecency policy of the Federal Communications Commission violated the First Amendment. The court struck down the FCC's "fleeting expletive" policy, which had heretofore decreed that a single utterance of a "patently offensive" word on live television was subject to discipline, including a fine. It also struck down the more broad "indecency" policy, which had evolved from disinviting George Carlin's seven magick words to policy holding that profanity referring to sex or excrement is always indecent.

About fucking time, says I.

As many of you know, I am a whacky absolutist on the First Amendment [gee, what part of no law don't you understand]. But even if you fuckers want to trim back the amendment's protections to allow some regulation of speech [you and yer lousy "fire" in a crowded theater. . .), the FCC was using its policy to very obviously chill speech. It was cleaning up the world.

Well, my clean and your clean may not quite match. And I don't have to live with yours, sayeth the Founders.

And the pretext for cleaning up the world [it may not be pretextual for all folks -- some people may really love our young'uns and fear for their ears] is so craven. And wrongheaded.

Read this article, and drop down to the eighth paragraph. Note the priorities of the FCC. Note the order of their interests.




You gotta love a Constitution that comes in third. . . .





Anyway, the decision rests on the vagueness of the policy. Bastardo court didn't hold that government has no role or authority to regulate. I have not yet won the fight (to deny the government any right or role in restricting our speech) (but wait for it)

ps I can offer my thoughtful analysis of the decision and its legal reasoning if the requests pour in. on second thought . . . .

2 comments:

¡barangus!™ said...

Reminds me about that other amendment of which you are fond.

Did you write this?

http://www.dailykos.com/story/2010/7/4/881431/-Why-liberals-should-love-the-Second-Amendment

Mister Parker said...

As a practical matter -- and admittedly off topic -- I don't really understand why the networks, as they chase smaller and smaller audiences, don't use the five second delay on live broadcasts where fuckers such as Bono will be standing up making speeches. On the other hand, the networks can't anticipate all contingencies and shouldn't be punished just because fucking fuckity fuck fuck fuck ...

And really, did any fucker ever fucking die from hearing the fucking word "fuck" in his fucking youth? I fucking grew up in a fucking age when not only could you not say fuck on fucking television, you couldn't even fucking show Barbara fucking Eden's fucking belly button! Didn't stop me from fucking growing up to fucking say fucking fuckity fuck whenever I fucking well pleased.

Fuck fuck fuck fuck Fuck.

Say, what about the Third Amendment? Can't we get any love for the Third Amendment? It's always First Amendment this and Second Amendment that ...