OCCOM BILL wrote:Tico, you are stretching the known truth to make your points. The commercials are obviously no more graphic than the Law allows; or we wouldn't be debating whether or not they should be banned in the future tense, now would we? Likewise, Cyphercat must have gotten bored reading my list, because somehow she only saw one Ad.
Further; I didn't duck your time restriction; I questioned the content of and reiterated the time slot for the program in question... 8:30pm.
Let me clarify: I submit the GGW commercials fall within the
current existing standards for what is considered "indecent sexual expression." As such, it is protected by the 1st Amendment, but the government can regulate it in order to promote a compelling interest if it chooses the least restrictive means to further that interest. As far as whether the GGW are "no more graphic than the Law allows," I do not concur, and in response would point out that although murder is against the law, murder is still committed. The FCC doesn't have a team of observers watching television, looking for violations of the Public Telecommunications Act -- they act on complaints, and fine accordingly.
O'Bill wrote:... The public's desire to single GGW out, for promoting more directly the exact same image that's being promoted everywhere is simply unfair. You cannot single this product out without writing a law that covers the attributes that are considered regulatable, and design a bill that covers every other product that meets the criteria. In this case; many commercials for soap, shampoo, razors, perfume, suntan lotion, beer, and a large variety of Movie adds would equally qualify... once you work with criteria, rather than illegally focusing on a single product you disdain.
Your argument here is basically a "vagueness" or "overbroad" legal argument, which has been articulated and failed. I'm not arguing that GGW should be singled out -- I'm suggesting the GGW commercials are "indecent speech," and as such should not be broadcast within the FCC's Safe Harbor period ...
period. If the broadcast of the GGW matter is indecent -- and I submit it is -- the FCC should enforce the law and fine those broadcasters who choose to broadcast such material in violation of Federal law.
If a parent wants to expose his or her children to GGW, they can TIVO the matter for them to watch before bedtime. The point is, parents ought to decide what indecent matter their children see or hear, and the government has a compelling interest to support that function.
O'Bill wrote:When it comes to protecting the first amendment; you have to go to bat for the worst crap out there to preserve it. That's the way the system works.
That's fine, but the Constitution does permit narrowly tailored restrictions on speech when necessary in order to serve a compelling public interest. Unless you think we ought to just toss out all of the judicial opinions supporting my arguments ...