Broadcast Decency Enforcement Act of 2005
Encyclopedia
The Broadcast Decency Enforcement Act of 2005 (S.193.ENR) is an enrolled bill, passed by both Houses of the 109th United States Congress
, to increase the fines and penalties for violating the prohibitions against the broadcast of obscene, indecent, or profane language. It was originally proposed in 2004 as the Broadcast Decency Enforcement Act of 2004 (S. 2056/H.R. 3717); this preliminary bill was never passed. Republican
Senator Sam Brownback
of Kansas sponsored both United States Senate
bills; Senators Joe Lieberman
(D-Conn.), Lindsey Graham
(R-S.C.), Rick Santorum
(R-Pa.), George Allen
(R-Va.) initially co-sponsored the bill at its reintroduction in January 26, 2005.
The bill became public law No. 109-235 in June 15, 2006 when President George W. Bush
signed it in the Dwight D. Eisenhower Executive Office Building. By this time, the bill was co-sponsored by 27 senators in total. As President Bush made his signature, he commented that the bill was ultimately “going to help American parents by making broadcast television and radio more family-friendly.” The bill's credibility and justification for stronger censorship
has been contested as a challenger to free speech and artistic expression.
The push for stronger government policies that enforce censorship peaked after the Federal Communications Commission
(FCC) investigated the incident that occurred during the Super Bowl XXXVIII
Halftime Show. An estimated 140 million people were watching the show when at the end, pop star Justin Timberlake
popped off part of Janet Jackson
's corset, exposing her breast. The subsequent “Nipplegate” controversy was a prominent topic of discussion of the general public. At the time, the FCC Chairman Michael Powell
said MTV
and the CBS
network's more than 200 affiliates and company-owned stations could be fined $27,500 a piece. The FCC made notice about the complaints received in the weeks after the incident. The Commission ultimately remarked, “The Commission does, however, have the authority to enforce statutory and regulatory provisions restricting indecency. Specifically, it is a violation of federal law to broadcast obscene, indecent or profane programming. Title 18 of the United States Code, Section 1464 prohibits the utterance of any 'obscene, indecent or profane language by means of radio communication.'” The range of the FCC's authority over censorship for inappropriate conduct on the airwaves, however, was only a part of the concern. As the investigation developed, the major concern was whether or not the monetary retribution for violation was adequate enough.
With the proposal of the Broadcast Decency Enforcement Act of 2004, it was to be determined by the Commissioner that any violator was subject to fines up to $275,000 for the first violation, $375,000 for the second violation, and $500,000 for the third and any subsequent violations. The incremental increase of fines seemed appropriate, but the Houses continuously amended the bill and ultimately it never passed. A strong resistance within the creative community rose in conjunction with the fine appropriation. Radio host Dave Ross
noted that “The concern, of course, is that if Congress has the power to outlaw one word, it has the power to outlaw another word.... And the fact that it was indecency and not politics doesn't make that much difference, because if you give the government the power to decide what you can hear, you've given them power over discourse.” With responses like these, the legislation eventually lost the momentum behind it.The last action on the bill occurred as it was placed on Senate Legislative Calendar under General Orders. Calendar No. 464 on March 24, 2004.
The bill resurfaced again, a year later, still under the sponsorship of Sen. Brownback. This time, it also received disapproval from a fellow state official, who reprised the concern of the creative community as an offense to the United States Constitution
. Congressman Gary Ackerman
of the 5th District of New York expressed that “We need to defend our Constitution. We need to defend freedom of speech, and that is really what is at stake here. Passing this bill is a huge mistake and this vote will mark a very dark day in American history. We are going down a slippery slope and no one can honestly say where it will stop. A vote for this bill is a frontal assault on our Constitution and the protections that it gives to the American people.”
On June 7, 2006 The House of Representatives proposed a roll call
of 230 on a motion to suspend the rules and pass the bill. There were 379 yeas, 35 nays, and 18 withheld votes. The Broadcast Decency Enforcement Act of 2005 reads as follows:
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
, to increase the fines and penalties for violating the prohibitions against the broadcast of obscene, indecent, or profane language. It was originally proposed in 2004 as the Broadcast Decency Enforcement Act of 2004 (S. 2056/H.R. 3717); this preliminary bill was never passed. Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
Senator Sam Brownback
Sam Brownback
Samuel Dale "Sam" Brownback is the 46th and current Governor of Kansas. A member of the Republican Party, he served as a U.S. Senator from Kansas from 1996 to 2011, and as a U.S. Representative for Kansas's 2nd congressional district from 1995 to 1996...
of Kansas sponsored both United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
bills; Senators Joe Lieberman
Joe Lieberman
Joseph Isadore "Joe" Lieberman is the senior United States Senator from Connecticut. A former member of the Democratic Party, he was the party's nominee for Vice President in the 2000 election. Currently an independent, he remains closely affiliated with the party.Born in Stamford, Connecticut,...
(D-Conn.), Lindsey Graham
Lindsey Graham
Lindsey Olin Graham is the senior U.S. Senator from South Carolina and a member of the Republican Party. Previously he served as the U.S. Representative for .-Early life, education and career:...
(R-S.C.), Rick Santorum
Rick Santorum
Richard John "Rick" Santorum is a lawyer and a former United States Senator from the commonwealth of Pennsylvania. Santorum was the chairman of the Senate Republican Conference -making him the third-ranking Senate Republican from 2001 until his leave in 2007. Santorum is considered both a social...
(R-Pa.), George Allen
George Allen (U.S. politician)
George Felix Allen is a former United States Senator from the Commonwealth of Virginia, and the son of former NFL head coach George Allen. Allen served Virginia in the state legislature, as the 67th Governor, and in both bodies of the U.S. Congress, winning election to the Senate in 2000...
(R-Va.) initially co-sponsored the bill at its reintroduction in January 26, 2005.
The bill became public law No. 109-235 in June 15, 2006 when President George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
signed it in the Dwight D. Eisenhower Executive Office Building. By this time, the bill was co-sponsored by 27 senators in total. As President Bush made his signature, he commented that the bill was ultimately “going to help American parents by making broadcast television and radio more family-friendly.” The bill's credibility and justification for stronger censorship
Censorship
thumb|[[Book burning]] following the [[1973 Chilean coup d'état|1973 coup]] that installed the [[Military government of Chile |Pinochet regime]] in Chile...
has been contested as a challenger to free speech and artistic expression.
The push for stronger government policies that enforce censorship peaked after the Federal Communications Commission
Federal Communications Commission
The Federal Communications Commission is an independent agency of the United States government, created, Congressional statute , and with the majority of its commissioners appointed by the current President. The FCC works towards six goals in the areas of broadband, competition, the spectrum, the...
(FCC) investigated the incident that occurred during the Super Bowl XXXVIII
Super Bowl XXXVIII
Super Bowl XXXVIII was an American football game played on February 1, 2004 at Reliant Stadium in Houston, Texas to decide the National Football League champion following the 2003 regular season....
Halftime Show. An estimated 140 million people were watching the show when at the end, pop star Justin Timberlake
Justin Timberlake
Justin Randall Timberlake is an American pop musician and actor. He achieved early fame when he appeared as a contestant on Star Search, and went on to star in the Disney Channel television series The New Mickey Mouse Club, where he met future bandmate JC Chasez...
popped off part of Janet Jackson
Janet Jackson
Janet Damita Jo Jackson is an American recording artist and actress. Known for a series of sonically innovative, socially conscious and sexually provocative records, as well as elaborate stage shows, television and film roles, she has been a prominent figure in popular culture for over 25 years...
's corset, exposing her breast. The subsequent “Nipplegate” controversy was a prominent topic of discussion of the general public. At the time, the FCC Chairman Michael Powell
Michael Powell (politician)
Michael Kevin Powell is an American Republican politician and lobbyist. He is the incoming president of the National Cable & Telecommunications Association . He was appointed to the Federal Communications Commission by President Bill Clinton on 3 November 1997. President George W. Bush designated...
said MTV
MTV
MTV, formerly an initialism of Music Television, is an American network based in New York City that launched on August 1, 1981. The original purpose of the channel was to play music videos guided by on-air hosts known as VJs....
and the CBS
CBS
CBS Broadcasting Inc. is a major US commercial broadcasting television network, which started as a radio network. The name is derived from the initials of the network's former name, Columbia Broadcasting System. The network is sometimes referred to as the "Eye Network" in reference to the shape of...
network's more than 200 affiliates and company-owned stations could be fined $27,500 a piece. The FCC made notice about the complaints received in the weeks after the incident. The Commission ultimately remarked, “The Commission does, however, have the authority to enforce statutory and regulatory provisions restricting indecency. Specifically, it is a violation of federal law to broadcast obscene, indecent or profane programming. Title 18 of the United States Code, Section 1464 prohibits the utterance of any 'obscene, indecent or profane language by means of radio communication.'” The range of the FCC's authority over censorship for inappropriate conduct on the airwaves, however, was only a part of the concern. As the investigation developed, the major concern was whether or not the monetary retribution for violation was adequate enough.
With the proposal of the Broadcast Decency Enforcement Act of 2004, it was to be determined by the Commissioner that any violator was subject to fines up to $275,000 for the first violation, $375,000 for the second violation, and $500,000 for the third and any subsequent violations. The incremental increase of fines seemed appropriate, but the Houses continuously amended the bill and ultimately it never passed. A strong resistance within the creative community rose in conjunction with the fine appropriation. Radio host Dave Ross
Dave Ross
Dave Ross is a talk show host on Seattle's KIRO-FM radio station, with whom he had been a news anchor from 1978 until his talk show started nine years later in 1987. He has sometimes broadcast his show while on assignment in other locations, including overseas, such as Baghdad, Iraq in April...
noted that “The concern, of course, is that if Congress has the power to outlaw one word, it has the power to outlaw another word.... And the fact that it was indecency and not politics doesn't make that much difference, because if you give the government the power to decide what you can hear, you've given them power over discourse.” With responses like these, the legislation eventually lost the momentum behind it.The last action on the bill occurred as it was placed on Senate Legislative Calendar under General Orders. Calendar No. 464 on March 24, 2004.
The bill resurfaced again, a year later, still under the sponsorship of Sen. Brownback. This time, it also received disapproval from a fellow state official, who reprised the concern of the creative community as an offense to the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
. Congressman Gary Ackerman
Gary Ackerman
Gary Leonard Ackerman is the U.S. Representative for , serving since a special election in 1983. He is a member of the Democratic Party...
of the 5th District of New York expressed that “We need to defend our Constitution. We need to defend freedom of speech, and that is really what is at stake here. Passing this bill is a huge mistake and this vote will mark a very dark day in American history. We are going down a slippery slope and no one can honestly say where it will stop. A vote for this bill is a frontal assault on our Constitution and the protections that it gives to the American people.”
On June 7, 2006 The House of Representatives proposed a roll call
Roll call
Roll call is the calling of the names of people from a list to determine the presence or absence of the listed people . The term applies to the calling itself, to the time moment of this procedure, and to a military signal that announces it Roll call is the calling of the names of people from a...
of 230 on a motion to suspend the rules and pass the bill. There were 379 yeas, 35 nays, and 18 withheld votes. The Broadcast Decency Enforcement Act of 2005 reads as follows:
One Hundred Ninth Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and six
An Act
To increase the penalties for violations by television and radio broadcasters of the prohibitions against transmission of obscene, indecent, and profane language.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Broadcast Decency Enforcement Act of 2005'.
SEC. 2. INCREASE IN PENALTIES FOR OBSCENE, INDECENT, AND PROFANE BROADCASTS.
Section 503(b)(2) of the Communications Act of 1934 (47 U.S.C. 503(b)(2)) is amended--
(1) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively;
(2) by inserting after subparagraph (B) the following new subparagraph:
`(C) Notwithstanding subparagraph (A), if the violator is--
`(i)(I) a broadcast station licensee or permittee; or
`(II) an applicant for any broadcast license, permit, certificate, or other instrument or authorization issued by the Commission; and
`(ii) determined by the Commission under paragraph (1) to have broadcast obscene, indecent, or profane language, the amount of any forfeiture penalty determined under this subsection shall not exceed $325,000 for each violation or each day of a continuing violation, except that the amount assessed for any continuing violation shall not exceed a total of $3,000,000 for any single act or failure to act.'; and
(3) in subparagraph (D), as redesignated by paragraph (1), by striking `subparagraph (A) or (B) and inserting `subparagraph (A), (B), or (C)'.