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To Infinity And Beyond: Fcc Enforcement Limiting Broadcast Indecency From George Carlin To Cher And Into The Digital Age, Blake M. Lawrence
To Infinity And Beyond: Fcc Enforcement Limiting Broadcast Indecency From George Carlin To Cher And Into The Digital Age, Blake M. Lawrence
Blake M Lawrence
Abstract: This article argues that FCC enforcement of broadcast indecency has become severely outdated, especially with the internet revolution of the past two decades. In Fox Television Studios v. FCC, the Court insisted on upholding the analysis of In re Pacifica (from the 1970s) which limited indecent speech based on the “unique accessibility” and the “uniquely pervasive” nature of broadcast television. However, the rise of cable television and internet television (from sites such as YouTube and Hulu) has nullified that rationale. The article further argues that the FCC’s method of enforcement based on complaints does not serve the public interest …