Editorials
March 27, 2008
Censors
Silly overkill

FOX BROADCASTING - part of Rupert Murdoch's $60 billion media empire - blatantly slants news coverage to favor conservative and GOP views. So it's ironic that Fox is battling "indecency" fines imposed by the Federal Communications Commission at the behest of puritanical elements in the Republican national administration.

In 2002 and 2003, during Fox award shows, some performers uttered vulgar words. The FCC slapped fines on the network. But Fox resisted, and the case now is before the U.S. Supreme Court.

Meanwhile, in 2003, an episode of Fox's "Married by America" reality show included strippers at a stag party. Nudity in the scenes was obscured by digital shimmers. But the FCC nonetheless imposed a $1.2 million fine on all 169 Fox television stations.

Last month, the FCC retreated, saying it will fine only the 13 stations in cities where viewers complained. Apparently, nobody in 156 U.S. cities was bothered by shimmer-covered strippers. The other 13 cities must be the primmest, most hidebound places in America.

The FCC retreat cut Fox's fine to just $91,000 - but the network declared Monday that it won't pay. It called the fine "patently unconstitutional," because the First Amendment to the U.S. Constitution guarantees free speech, which has been interpreted to cover visual images as well as words.

We hope Fox wins all its battles against the "indecency" penalties, and forces federal censors to stop trying to enforce bluenose taboos from the 19th century.

America is awash in legal sexuality. Nude lovemaking fills many R-rated movies. Multitudes of nude magazines dot newsstands. Racy novels are so commonplace they're boring. Sexual Web sites draw millions of viewers. Telephone sex is a lucrative business. Spicy TV channels and pay-per-view movies abound. Frank Rich of The New York Times says porn is a $10 billion U.S. industry - but Forbes says it's only $2 billion. Either way, it's big.

Amid all this sex - completely legal - it's silly for the federal government to impose heavy fines for strippers covered by blurry shimmers.

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