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Expansion of indecency regulation: presented by the federalist society's telecommunications practice group.
JUDGE SENTELLE: I've been alerted that we may start. There will be just a very little introduction, so you'll know you're in the right place. This is the Telecom panel. We will be dealing with the expanding or contracting or changing, or whatever they are, regulations on indecency from the Federal Communications Commission.
I will introduce each speaker briefly, and your first speaker will be presenting, I presume, the case for the Commission, is Kevin Martin, who is the Chairman of the FCC. It's not his first appearance at a Federalist function, as I moderated a panel last year on which the Chairman was speaking. I pointed out then that he holds a Bachelor of Arts degree in political science from the University of North Carolina. I would say that I hold one of those, too. Political science degrees in Chapel Hill were like social diseases; if you stayed there long enough, somebody gave you one. However, after that, he went on to get further education, including a J.D., cum laude, from Harvard Law School, among other things. He has worked before as a counselor for the Commission; as a member of the Commission; he's now Chairman of it. And without further ado, Chairman Kevin Martin. MR. MARTIN: Thank you, Judge. And thank you all for inviting me to participate today. Although, I did get nervous when anybody who introduces me says I'm going to be speaking in defense the Commission and the government in general. So that makes me a little bit anxious when I get that role. You know, and I think it's particularly difficult, actually, whenever you're dealing with issues related to indecency or content. Trying to determine what's appropriate or inappropriate, at times, for what's on television or radio is probably one of the most difficult issues that the Commission faces, and I think it's one of the most difficult ones for all of the Commissioners. And it's obviously a difficult thing to end up doing. At times, it's very uncomfortable trying to figure out where those bounds are. And in general, I recognize, and I think it's important to remember, that the government is generally not as good at trying to make those determinations about content, which is in many ways why there are so many First Amendment protections about making sure the government doesn't get overly involved in content restrictions. In general, one of the things that gets lost in the debate far too often is that parents and families really are the first and best line of defense for what's appropriate on television and radio. And I think it's one thing that we should be encouraging more active involvement with, and I certainly think everyone at the Commission feels that, to the extent that parents could be taking a more active role; that's the first line of defense--being able to turn inappropriate programming off is what we should all be focused more and more on. And I also think it's equally important to recognize some of the corporate responsibilities that some of the companies can end up having by trying to be good corporate citizens and making sure that they're putting on programming at times when children are most likely to be in the audience; that is going to be most responsive to the concerns that some of the parents are raising. But that all being said, the government does have a role, and the FCC does have a role, in enforcing some of its indecency rules. Congress has passed a law that says there are some limits as to what can be placed on over-the-air television and radio. The Commission adopted rules limiting the content that's on television and radio in certain circumstances--and at certain times of the day--when children are most likely to be present. The Supreme Court ultimately upheld those rules when they were challenged, and I think it's the responsibility of the Commission to enforce the rules that are there. And so, I think there's a variety of things that the Commission can do to try to address the issue. But I think it is important to recognize that there has been, over my time on the Commission, an increasing concern expressed by a lot of parents abou...See the full content of this document
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