by publius
I'll have more to say on the Supreme Court's indecency decision later — though it was decided on narrow administrative law grounds, rather than on constitutional grounds.
Briefly, though, the opinion illustrates once again (like Lawrence and Raisch) that Justice Scalia's worldview is shaped by a bitter and venomous resentment of what he perceives as cultural liberalism. I mean, a sitting Justice actually used the phrase, "foul-mouthed glitteratae from Hollywood." Weird.
Anyhoo, for brevity, Scalia's opinion is photographically represented below:
Far more interesting is that Justice Thomas, while ruling with the majority on the administrative law grounds, suggested that the FCC might not have the right to ban words or content at all:
It sounds to me like Thomas is suggesting that TV be treated just like print media in terms of the first amendment when the case comes down to the merits.
Most remarkable to me is the sheer effort that has gone into pursuing the occasional utterance of a dirty word over the public airwaves. I can see some merit to arguments on both sides, but surely we don’t need a government agency to police this sort of thing. The same Republicans who howl when government undertakes to increase regulation the financial sector, where real obscenities blossom like dandelions, are eager to have government tell broadcasters what words they cannot use.
If we can send a man to the moon, surely we can find better ways to launder the language of broadcast radio and TV.
And while we’re at it, “glitteratae” is a macaronic (mixing of languages) error. The word is a facetious variant of the Italian “litterati,” not any Latin word, and should be pluralized in the same way. Scalia can be too clever for his own good.
“… but surely we don’t need a government agency to police this sort of thing”
Well, the court says the FCC has the power to punish fleeting expletives. But does it have the obligation to? An FCC composed of sane people would be the best and easiest way to make Scalia’s cloud-yelling moot, no?
–TP
God help me when Clarence Thomas makes sense.
I have never understood the distinction that is drawn between broadcast and print media either.
HBO would go broke if the FCC stopped its censorship of the free airwaves.
Just saying.
What’s more important is that Scalia can be too clever for our own good.
Why would “glitteratae” have a feminine plural, in Latin or otherwise?
Scalia is a rationalizer, always has been, which is why it gives me a pain when he’s portrayed as some kind of staunch originalist. He’ll use originalist rhetoric when it suits him, but only when the result it points to DOES suit him.
“Feminine Plural”
Scalia was not falling into the common error that this is a first declension noun.
Next.
Scalia can be too clever for his own good.
As a great man once noted, there’s a thin line between clever and stupid.
Footnote 4 in Stevens’ dissent:
To tell the truth, I mostly read SCOTUS opinions for the snark.
God help me when Clarence Thomas makes sense.
God help you, indeed.
Thomas thinks that because the founders would not have tolerated a federal regulation limiting the number of newspapers that could be published in a town, there ought to be no federal limit on the number of, say, radio stations that can broadcast on 96.9.
And you think he makes sense.
Actually he seems to think that just because you limit the number of radio stations on 96.9, that you don’t get to control what they actually broadcast. He seems to be objecting to the idea that the licensee loses his 1st amendment rights. He seems to be objecting to the conclusion “as far as the First Amendment is con-cerned those who are licensed stand no better than those to whom licenses are refused”
What Seb just said. I might add that if we have to regulate the speech of broadcasters since spectrum is scarce, perhaps we should also regulate the content of newspapers. After all, large printing presses are about as scarce as spectrum slots….
Scalia was not falling into the common error that this is a first declension noun.
Of course not: “this” is a pronoun.
Actually he seems to think that just because you limit the number of radio stations on 96.9, that you don’t get to control what they actually broadcast. He seems to be objecting to the idea that the licensee loses his 1st amendment rights.
Well, you know, that might be a semi-sensible interpretation if Justice Thomas didn’t really believe in the “original intent/textualism nonsense” he spouts in the quoted excerpt. Because he does, or at least, he pretends he does, he can’t be saying that it’s okay to forbid them to broadcast at all, as long as you don’t regulate content.
“commercials broadcast during prime-time hours frequently ask viewers whether they too are battling erectile dysfunction or are having trouble going to the bathroom.”
*giggles*
(Sometimes I get home late, sometimes I get home early. And when I get home early, sometimes I eat a late lunch/early dinner while watching CNN. Boy, are the ads on at 4pm skewed towards the elderly and disabled demographics. AARP, bladder control, ‘we will get you your own scooter chair!’, ‘having trouble breathing?’, etc., etc.)
racial slurs are the only important taboo words now, but they’re terrible for expressing anything other than hatred, which is useful just about never. it makes sense, but a bit unfortunate.
The case is a very interesting way to look into the head of the various justices, with multiple opinions provided.
Many themes, including the role and decision making of agencies, are raised. It would be wrong to single out the dirty words aspect since the case might come back as a full 1A matter & be decided differently on that ground.
Scalia also cited the “unitary executive” and how independent agencies like the FCC are a sign of “increased subservience” to Congress and public pressure. Nice Scalia/Stevens back and forth.
As to Thomas, his libertarian consistency is appreciated (and does pop up now and again), though some question begging original understanding thinking does pop up. Such as how 1A doctrine cannot be based on something that might change — like the realities of television.
Your heart can be in the right place, but still get there the wrong way.
“An FCC composed of sane people would be the best and easiest way to make Scalia’s cloud-yelling moot, no?”
Conversely, a Supreme Corut composed of sane people would be the best and easiest way to make the FCC’s unconstitutional cloud-yelling moot.
Turbulence,
After all, large printing presses are about as scarce as spectrum slots….
Are you unclear on the fundamental difference between spectrum scarcity and the scarcity of large printing presses, or am I missing your point?
Re: Punitive fines in response to fleeting profanity–
Fuck that.