The House of Representatives consists of 391 Representatives who have no concept of the Constitution. Today, it approved legislation to increase fines against broadcasters of "indecent" material. The legislation also allows the FCC to fine any individual who violates the indecency standard. The Senate passed similar legislation, so the two chambers need to debate a compromise before the bill reach President Bush's desk for signature.

I've made my views clear on this through various posts, but I'm still going to discuss this. First, I'll highlight the obvious answer to hearing indecency on radio or television:

"I am tired of hearing parents tell me how they have to cover their children's ears," Rep. Joseph Pitts, R-Pa., said during debate on the measure. "Today, we're saying enough is enough."

When parents call him, Rep. Joseph Pitts should tell them to remove their hands from their children's ears, put them on the power switch to the radio or television, and click it to "Off". I know what you're thinking. You've just exclaimed to yourself "I can't believe there's a solution that doesn't involve unconstitutional legislation!" It really is a miracle how parental responsibility works. Perhaps we should legislate that.

Since I won't request unnecessary laws, I will quote two right-thinking Americans:

"We're moving in a direction of undermining the First Amendment," said Rep. Ron Paul, R-Texas.

And...

On Wednesday, the American Federation of Television and Radio Artists sent a letter to House members objecting to the provision allowing the FCC to fine individual performers for indecency.

"Such legislation should be rejected on the grounds that it represents an unconstitutional threat to free speech and would have an unnecessary chilling effect on artistic freedom," said the letter from union president John Connolly and national executive director Greg Hessinger.

Those seem to be simple, obvious arguments against the witch hunt overtaking America. However, not everyone has common sense. I present to you this wonderful statement:

But Rep. Fred Upton, R-Mich., said performers should be liable if they violate indecency standards. "You can't tell me that they don't know what the standards are," he said.

Aside from the alarmingly dismissive tone of an elected Representative to a question of constitutionality, I'll offer a note to Representative Upton: they don't know what the standards are. They don't know the standards because they don't exist. There is no rule book, no legislation, and no court ruling that defines indecency.

The only time a court has ruled on a case involving this is the July 3, 1978 Supreme Court ruling in FCC vs. Pacifica Broadcasting Foundation. That case concerned a New York City radio station owned by Pacifica that aired George Carlin's monologue Filthy Words". Justices Stevens, Burger, Rehnquist, Blackmun, and Powell ruled that the following words are indecent: shit, piss, fuck, cunt, cocksucker, motherfucker, and tits. While I disagree with that ruling on First Amendment grounds, that is the law of the land. The only law of the land.

Until there is a written standard, the FCC and Congress will continue to harass broadcasters with fines and threats. They enjoy having no written standards because they become the arbiters of what's decent and, by extension, moral. This is unacceptable. The Constitution provides that courts offer final judgement, not the FCC. Infringing upon the right to free speech and the right to due process is only the beginning. This must stop now.