No 'Violence Exception' To Free Speech

Is it finally time for Congress to do something about violence on television? The Federal Communications Commission, in a much-publicized report, seems to say yes. And in the current political climate, especially after the massacre at Virginia Tech, it’s a good bet that Congress wants to heed the FCC’s call. But before lawmakers rush in, they need to pause and focus on the First Amendment and the values that it protects.

The FCC report says Congress likely has the power to restrict some violent programming on broadcast stations to the late-night hours, when children are less likely to be watching. According to the report, evidence exists that exposure to violence on TV can increase “aggressive behavior” in children, “at least in the short term.” In making its recommendation, the FCC draws on precedents applying a lower level of First Amendment scrutiny to laws regulating “indecent” speech on broadcast TV. As for cable stations, the FCC recommends that their violent programming be addressed by requiring an “a la carte” system, whereby customers are allowed to pick and choose among individual cable channels.