Ten years ago, when the GOP first took control of Congress,
there was much excited talk about abolishing the FCC. Its days were
numbered, many thought. Ten years later, those numbers look pretty
large.
Rather than talk of shrinking the FCC, two key GOP leaders last
week were talking about expanding it. Sen. Ted Stevens, R-Alaska,
chairman of the Senate Commerce Committee, told reporters he wanted
to extend the agency's control over "indecent" speech to cable and
satellite television. Rep. Joe Barton, R-Texas, his House
counterpart, said he also might support the idea.
Lawmakers are responding to a genuine concern, shared by many
Americans, that television and radio programming is becoming more
offensive. However, the proposed solution, increased government
restrictions on speech, is fundamentally misguided. The idea of
government bureaucrats deciding what can and cannot be heard is
repugnant to American values.
Conservatives -- who have long been the targets of politically
correct speech codes on college campuses and elsewhere -- should be
particularly wary of such restrictions.
It is also naive to think that regulators can draw a neat line
between what is appropriate and what is not -- as most recently
shown by the reluctance of many PBS stations last month to air
unexpurgated versions of a "Frontline" documentary on American
troops in Iraq.
The FCC's powers have so far been limited to broadcasters, who
operate under FCC license. Stevens and Barton now want to eliminate
that distinction, seeing it as a loophole for cable and satellite
programming. Never mind that this programming largely comes over
privately built facilities and does not enter anyone's home unless
requested (and paid for).
Worse, speech regulation is unlikely to stop with cable and
satellite programming. What about video transmitted over the
Internet? Isn't that a "loophole" that the FCC needs to plug? Or
Internet radio? Why not other pervasive media that might cause
offense? If we're plugging loopholes, what about the big one that
lets newspapers and magazines print virtually anything they want?
Shouldn't a regulator be looking at them to make sure no one gets
offended?
Even FCC chairman Michael Powell, who initiated the FCC's drive
against broadcast indecency, sees a problem here. "I think it's a
dangerous thing to start talking about extending government
oversight of content to other media just to level the playing
field," he said earlier this year. Sadly, however, he's leaving,
and other regulators are not so averse to expanding their domain.
For instance, current Commissioner Kevin Martin, widely touted as
Powell's replacement, has said that extending profanity
restrictions is a "viable alternative" that should be
considered.
Fortunately, even if the proposed expansion of controls passes
Congress, it would have a hard time getting past the Supreme Court.
It wouldn't take an activist judge to see a clear conflict with the
First Amendment here.
Rather than impose ever-stricter limits on media content, lawmakers
concerned about the quality of programming should instead promote
policies that would expand the choices available to consumers.
Already, cable programmers such as the Family Channel and Disney
Channel offer family-oriented television. Satellite radio operator
Sirius recently announced it would offer several channels of
children's radio on its network.
By reducing governmental barriers to new outlets, policymakers
could further increase the number of choices available. Such steps
could include freeing up underused radio spectrum, reducing
regulations that discourage investment in new telecommunications
systems, and reducing taxes on providers.
Ultimately, the solution to offensive programming lies not with
policymakers but with individual consumers and families. Parents
and others unhappy with what they see on television have weapons
more powerful than any congressman has. Like other businesses,
broadcasters respond to their customers. Complaints to broadcasters
and to the advertisers who support them can be effective.
But the most powerful weapons consumers wield are their own remote
controls. The best regulation comes not from government but from
individuals making choices for themselves. Rather than look to
Washington for answers, we should look to our own thumbs.
James Gattuso is a research fellow in regulatory policy at The Heritage Foundation, a Washington-based public policy research institute.
First appeared on FOXNews.com