Sen. Brownback Proposes FCC Indecency Amendments

WASHINGTON, D.C. - Conservative senator and presidential candidate Sam Brownback (R-Kan.) will offer two amendments to a general government appropriation bill tomorrow, in hopes of giving the Federal Communications Commission (FCC) back the power to enforce hefty fines over what it considers profane.

According to a recent report by Broadcasting and Cable, one of Brownback's amendments would, in his words, "continue support for the FCC to fine broadcasters who air indecent, profane, or obscene content," and another that would "fine broadcasters for airing excessively violent content during the hours when children are most likely to be in the audience."

A recent FCC policy penalizing accidentally aired expletives was struck down last month by a federal court, calling the FCC's proposal "arbitrary and capricious." Brownback's profanity amendment would attempt to essentially render that decision irrelevant.

The 2nd U.S. Circuit Court of Appeals did not outlaw the FCC's policy outright, but rather returned the case to the agency to let it try to provide a reasoned analysis for its policy. According to the Broadcasting and Cable report, the FCC has not yet said what action it will take, though signals from the chairman suggest it will appeal either to the full appeals court or the Supreme Court.

Brownback's second amendment is likely an effort at lumping violence in with the agency's definition of indecency. The FCC has recently tried to advise — with pressure from the ultra-conservative Parents Television Council (PTC) — Congress to broaden the definition of indecency, in hopes of regulating a larger amount of content.