Letting Parents Decide Decency

The Supreme Court made the right decision this week when it refused to let federal regulators impose a round-the-clock ban on sexually explicit or “indecent” radio and television broadcasts. In so doing, the court affirmed that responsibility for monitoring what children watch or hear over public airwaves rests squarely with parents, not the government.

The Bush Administration had appealed a ruling last year that found a federal law banning all sexually explicit broadcasts to be unconstitutional. By a 6-2 vote, the high court declined to hear that appeal. The court rightly restricted government’s ability to censor radio and television programming, leaving discretion with viewers.

The court has historically defined “indecent” works as those that have some serious value, but may contain vulgar words. Still banned at all times is “obscene” programming, which the court has defined as works appealing to prurient interests without any redeeming artistic value.

The rule imposing a 24-hour ban on indecent material was proposed by the Federal Communications Commission after legislation sponsored by Sen. Jesse Helms (R-N.C.) passed in 1988. The FCC asserted that the 24-hour ban was necessary to protect children who are part of radio and television audiences “at all hours of the day and night.” But the ban was not implemented because of pending court challenges. In the meantime, so-called indecent material has been permitted after 8 p.m. As a result of this week’s ruling, the FCC must now devise a new evening time period when such “indecent” broadcasts are permitted.

The court’s decision is consistent with past First Amendment doctrine and common sense. If the ban was approved, a coalition of broadcasters and children’s activists argued, TV and radio would air only what is suitable for children--but perhaps with some exceptions: The FCC ban might have included double-entendres, jeopardizing, for example, the Simpsons cartoons. More ominously, many feared that the government could use such sweeping power to ban serious drama and art. We agree with Peggy Charren, president of Action for Children’s Television, who offered an alternative to such censorship: “If it’s really terrible, you can hit the ‘off’ button.”