By David Hatch
(Tuesday, June 26) Efforts by Sen. John (Jay) Rockefeller, D-W.Va., to restrict gratuitously violent television content hit several roadblocks in the committee he hopes will pass legislation he is drafting on the subject.
At a hearing before the Senate Commerce Committee, lawmakers from both parties sympathized with Rockefeller’s concerns about depictions of fictionalized brutality but cautioned that government mandates could abridge the First Amendment.
"I think we have to tread a lot softer," said Sen. Ted Stevens of Alaska, the ranking Republican on the panel, noting that programming also is available on the Internet and digital devices. "There are so many ways to get access to movies other than broadcasting and cable today," he said, emphasizing the importance of parental education and being "mindful" of the Constitution.
"It's difficult and it's complicated," Sen. John Sununu, R-N.H., said of the specter of content regulation. "There's no rule, law or regulation that can strike from the airwaves" all content that people dislike, he said.
Sen. Frank Lautenberg, D-N.J., expressed a similar sentiment, noting that the appetite for violent shows remains strong. He recommended that the government better inform viewers about the v-chip and other content-blocking technologies for televisions.
But Rockefeller was undeterred, insisting that scientific studies affirm the detrimental impact of graphic images on children and that the industry "cowardly" blames parents for insufficient supervision.
On average, U.S. kids view more than 1,000 murders, rapes and assaults each year on TV screens, he said, describing violence as cheap to produce and profitable. He drew support from Sen. Byron Dorgan, D-N.D., who emphasized that broadcasters are licensed to serve the public interest.
Rockefeller spokesman Steven Broderick told reporters that the senator's bill, which would let the FCC regulate excessive violence, will be offered in July. The spokesman acknowledged that it would face legal challenges if enacted but said his boss is "totally prepared."
Harvard University professor Laurence Tribe, a constitutional scholar being paid to represent the TV and film industries, warned that Congress seeks to "sacrifice free speech on the altar of protecting children." While parental controls are not a perfect option, Tribe added, "giving the power to government is not the solution."
During the hearing, lawmakers were shown a digital videodisc of grisly TV clips compiled by the Parents Television Council. The DVD began with a junkie snorting heroin out of the bloodied intestines of a dead drug dealer. Lawmakers stopped the viewing shortly after it began.
Witnesses representing academia and watchdogs drew connections between TV violence and children's behavior, with PTC President Tim Winter noting a marked increase of violent content, especially of a sexual nature.
Pete Liguori, president of entertainment for Fox, whose network was unfavorably depicted on the DVD, said he shares lawmakers' concerns and explained that Fox takes numerous steps to advise viewers about content. Regulation, however, would have a "chilling effect" on the creative community, he stated.
FCC Chairman Kevin Martin was unable to testify because his newborn son is in intensive care. Panel Chairman Daniel Inouye, D-Hawaii, did not show due to a scheduling conflict, though he previously expressed support for Rockefeller's efforts.