Originally Posted by hphase
But, holding the person who actually commited the "obscenity" accountable for their actions? What a concept!
Ah, but this would require authorizing legislation that satisfies the First Amendment and creates an enforcement mechanism, which would never, ever survive court scrutiny.
There's a reason that FCC fines for indecency make no sense: they are basically unconstitutional. The FCC and "family values" organizations have just managed to find the barest sliver of legal authority that they need to prop up this ridiculous system, and because of commitment to court precedent (and the Court's systemic inability to recognize the changing technological landscape) it persists. Given the court's rationale for upholding this system, however, if someone today was able to effectively articulate to the Supreme Court the state of the television landscape, the FCC would be stripped of this power.
Perhaps the MIA case will result in the litigation that finally ends this.