(Image source: Wikimedia Commons)
BY LAUREN ZIMA
The Supreme Court seems to be saying strict rules for broadcast TV are not going anywhere.
This week, the court has been evaluating the Federal Communications Commission’s policing of curse words and nudity on the major networks -- ABC, CBS, NBC and Fox. The networks want the court to overturn a 1978 decision that upheld the FCC’s authority to regulate radio and TV content during prime-time hours before 10 p.m. Back then, there were only a few broadcasters, the networks argue -- today, there are hundreds, but only broadcasters face big fines from the FCC. (Video: CNN)
The New York Times reports the justices seem weary of change.
“ … there seemed to be little sentiment for a sweeping overhaul of the current system … Justice Antonin Scalia [said] ‘This has a symbolic value … just as we require a certain modicum of dress for the people that attend this court.’ … Chief Justice John G. Roberts Jr., the only justice with small children [said] … ‘What the government is asking for is a few channels where you can say they are not going to hear the S-word, the F-word. They are not going to see nudity.’”
The Los Angeles Times says these sentiments mean the court is stuck in the ‘60s.
“Wow. In much of America, it's 2012, and we're watching shows such as ‘Californication’ and ‘Mad Men.’ But in the marble halls of the Supreme Court, it's 1963 -- and hold up, honey, call the kids, it's time for ‘Bonanza’ and ‘Gunsmoke.’”
At one point during arguments, an attorney for the networks pointed out there are nude carvings on the ceiling of the Supreme Court’s room itself. After some laughter, justices did concede the FCC’s policy is sometimes confusing. Here’s ABC.
“One bad word from a celebrity brings a fine, while a stream of profanity in the TV version of ‘Saving Private Ryan’ doesn’t. Justice Elana Kagan: ‘The way that this policy seems to work, it’s like nobody can use dirty words or nudity except for Steven Spielberg.’”
The court is expected to hand down a ruling by June, but Variety reports:
“This time around, there's a chance that the court may find itself in a tie vote. Justice Sonia Sotomayor recused herself, leaving the decision to the remaining eight justices.”
Sotomayor recused herself because she had heard the issue before while on a lower court.