Advertisers urged lawmakers not to place the FCC in the role of n...

safe harbor” amendment proposed by Sen. Hollings (D-S.C.) saying it raised “serious” First Amendment concerns by allowing the government to “broadly” restrict programming that contains violent content. Under the amendment, the FCC would be required to study the effectiveness of the V-chip (CD March 10 p1). If the FCC finds the V-chip insufficiently effective, it must set rules to prohibit the broadcast of violent content during hours when children are likely to “comprise a substantial portion of the audience.” The bill would also make it illegal for broadcasters to distribute violent content not specifically rated for violence. “Such a scheme could wipe out a wide range of programming, from cartoons to dramas to police shows, based on the subjective definitions of the FCC,” said Dan Jaffe, ANA exec. vp-govt. affairs. Jaffe said the Supreme Court has repeatedly ruled widespread government censorship of speech that’s lawful for adults can’t be imposed in the name of protecting children when more narrowly tailored alternatives exist. The Competitive Enterprise Institute (CEI) said it too worried about the Hollings amendment. “It’s the desire of regulators to ignore First Amendment, not controversial programming, which Americans should regard as truly offensive,” said Braden Cox, CEI technology counsel. The CEI said consumers can be their own regulators by registering their displeasure: “Truly offensive content -- as opposed to occasional crudeness or political incorrectness -- will be met with vanishing audiences and no advertisers.”