Institutionalized Word Taboo: The Continuing Saga of FCC Indecency Regulation

98 Pages Posted: 27 Feb 2013

See all articles by Christopher M. Fairman

Christopher M. Fairman

Ohio State University (OSU) - Michael E. Moritz College of Law

Date Written: February 25, 2013

Abstract

Indecency regulation by the Federal Communications Commission and Supreme Court is the product of word taboo — the subconscious, emotional, involuntary avoidance of certain words out of fear that some harm will occur if they are spoken. Acting in tandem, the Court and the Commissioners create institutionalized word taboo based upon the assumption that broadcast media’s pervasive and intrusive presence into the home endangers unsupervised children. Technological innovation renders this premise invalid today, but institutionalized word taboo remains. This article (1) traces the rise of indecency regulation, (2) explains the invalidity of the assumptions used to justify it, (3) introduces word taboo as an explanation for the resilience of regulation, and (4) offers preferable options providing a path for science and reason to triumph over institutionalized word taboo.

Keywords: First Amendment, FCC, indecency, profanity, free speech, Federal Communications Commission, broadcasting, censorship, Media Regulation, TV content, PTC, Pacifica, Cohen, Fox Television, fleeting expletives, parental controls

JEL Classification: K00, K10, K2, K20, K23, L22

Suggested Citation

Fairman, Christopher M., Institutionalized Word Taboo: The Continuing Saga of FCC Indecency Regulation (February 25, 2013). Ohio State Public Law Working Paper No. 193, Available at SSRN: https://ssrn.com/abstract=2223992 or http://dx.doi.org/10.2139/ssrn.2223992

Christopher M. Fairman (Contact Author)

Ohio State University (OSU) - Michael E. Moritz College of Law ( email )

55 West 12th Avenue
Columbus, OH 43210
United States
614-292-2422 (Phone)
614-292-2035 (Fax)

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