This post was authored by FMC Policy Consultant Adam Holofcener.
As the infamous Eminem once rapped, “The FCC won’t let me be.” Don’t worry, Em — the Federal Communications Commission isn’t singling you out. In fact, the FCC’s indecency policy applies to everyone who would be seen or heard on broadcast media.
The FCC’s policy is intended to keep content relatively “clean” between the hours of 6 am and 10 pm. A worthy goal, but how does it work in practice? Turns out not very well. As several courts have found, the FCC’s current indecency policy is unreasonably vague and can lead to a chilling of creative expression. Now, it’s once again the Supreme Court’s turn to weigh in. read more