By David Hatch
(Thursday, September 6) Senate Commerce Chairman Daniel Inouye plans to hold additional hearings this year on television violence, the Hawaii Democrat told National Journal’s Technology Daily.
But despite Inouye's interest in the subject, fellow Democratic Sen. John (Jay) Rockefeller of West Virginia said in an interview moments earlier that his planned legislation to pave the way for the FCC to regulate excessively violent TV scenes has been sidetracked by a recent court decision. Rockefeller spokesman Steven Broderick said two additional hearings may be held, with at least one focusing on the impact of violent media on children.
The issue has been percolating in Washington since April, when the FCC recommended in a report to Congress that gratuitous violence on broadcast stations can be regulated without abridging the First Amendment. The Senate Commerce panel held a June hearing on the topic that Rockefeller chaired.
But his bill has failed to materialize so far. The measure would expand the FCC's authority to fine broadcasters for running afoul of content guidelines now limited to indecency and profanity.
"It's because of the 2nd Circuit," Rockefeller said, referring to the federal appeals court in New York, which in June overturned FCC penalties on Fox for profanities during live broadcasts. "And so we're going to wait until that's resolved, and then we'll proceed," he added. Some observers think the ruling may have undermined the constitutional underpinnings of his approach.
Rockefeller is seeking to resolve the matter with separate legislation approved by Senate Commerce in July that would reinforce the FCC's authority to impose fines for "fleeting" utterances of expletives. The measure, however, has not been scheduled for floor action.
Rockefeller aide Wendy Morigi said that in the wake of the court ruling, her boss instructed staff to "look at that bill very closely" to make sure that it's "as strong it could be." She added, "Legislation takes time, and I wouldn't call it delayed."
Morigi said Rockefeller does not need a reversal of the court decision to proceed. "That's not plausible," she said. "He's continuing to work on the bill, and when he's ready to introduce the bill, he'll introduce it," she said.
Rockefeller, meanwhile, emphasized that a report issued Wednesday by the Parents Television Council indicates that the problem of televised filth and gore is growing "worse and worse and worse exponentially." The document, titled, "The Alarming Family Hour," concludes that children watching TV during prime-time view profane, sexually explicit or violent content once every 3.5 minutes.
On Sept. 11, a Philadelphia appeals court will hear oral arguments of CBS's appeal of FCC fines levied over the infamous Super Bowl "wardrobe malfunction" involving singer Janet Jackson.
600 New Hampshire Ave., NW