Market Morality
Paul Ruschmann wrote a very nice opinion piece ("Shifting standards plague TV and radio indecency rules") about the silliness of indecency rules.
First, the basic theme:
This [new indecency] bill once again proves an old adage: Bad laws beget worse ones.
The bad law in question is the broadcast indecency rule. It dates back to the 1970s, when the FCC concluded that a radio station broke the law by playing George Carlin's monologue, "Seven Dirty Words." Even though Carlin's routine was not obscene, the commission nevertheless found it "indecent" and ruled that it could not be aired when children were likely to be listening.
In 1978, the Supreme Court upheld the FCC's ruling by the narrowest of margins. That decision led to the current rule, which bans indecent broadcasts between 6 a.m. and 10 p.m. Many consider that a reasonable compromise: It protects young people from offensive broadcasts, but preserves adults' rights to watch and listen to them.
But the indecency rule was flawed then and even more flawed today.
It's nice to know that history, since I was still at high school age at the time, and more likely to giggle at the mention of "dirty words" than to appreciate the issue. Later on, however, I did learn to say all seven words really fast, and I've always thought "tater tits" exceedingly funny sounding, sophomoric as it is.
But here's the new eureka! insight for me:
The FCC's stance is also at odds with its free-market philosophy. Instead of letting the audience decide, it allows the indecency agenda to be driven by groups like the Parents Television Council, which orchestrates hundreds of thousands of complaints per year. A year ago, Powell admitted that his agency couldn't ignore those complaints — even though its official policy is to judge indecency from the standpoint of the average person, not those most easily offended.
There you go: in the tiny, controlling, regressive mind, free-market forces rule and determine the good for all, except when dealing with those same tiny minds looking at (or listening to) filthy pornography, in which case stronger forces are evidently required. Phew. Glad to have that cleared up.