The Nation : Ban on Explicit-Sex Broadcasts Extended

The Federal Communications Commission, bowing to the will of Congress, extended to 24 hours a day its ban on sexually explicit broadcasts, although one commissioner said she had “serious doubts” about the constitutionality of the new rule. Radio and television broadcasters and free-speech advocates have said they will challenge the change, which was ordered by Congress as part of an appropriations package earlier this year. The new rule is to take effect 30 days after it is published in the Federal Register. In its order, the FCC noted that it previously had interpreted existing law to prohibit obscene programming at any time and indecent programming only when there was a reasonable risk that children might be in the audience. It said the courts also held that opinion. The FCC had said broadcasts aired after midnight and before 6 a.m. would be safe from sanctions by the agency. However, the FCC said Wednesday “the directive of the appropriations language affords us no discretion . . . and we will now enforce the indecency restrictions 24 hours a day.”