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Brownback seeking to upend broadcast indecency ruling

An effort to grant the Federal Communications Commission more authority to regulate indecency on the airwaves has been derailed in the Senate.



Yesterday Senator Sam Brownback (R-Kansas) offered an amendment to the Financial Services Appropriations bill designed to nullify a ruling rendered by the Second U.S. Circuit Court of Appeals. The decision bars the FCC from fining broadcasters for "fleeting" expletives or single instances of indecency or profanity. The amendment failed due to procedural concerns.

Brownback argues the Second Circuit's decision is "a huge step backwards" for the work of those who were instrumental in getting the Broadcast Decency Enforcement Act passed last year. "I think the American people would strongly disagree with this [ruling]," he remarks. "We need to ensure that the public airwaves are not being used to broadcast obscene and profane materials -- whether they're fleeting or purposeful."

Brownback says although his amendment failed, he believes most senators do not oppose its substance. Senator Daniel Inouye (D-Hawaii), the chairman of the Commerce Committee, has promised to take up the issue of broadcast decency in his committee next week.

Meanwhile, Brownback has become the first U.S. senator to publicly express concern over yesterday's Hindu prayer to open the Senate. Brownback, who was not in the chamber for the historic prayer, would not elaborate on his feelings.

"I have some real questions, I have some real concerns about that, um, taking place," he replies. "We haven't, I haven't put together a full statement on it, but I do have, um, real concerns about it ... and rather than, um, saying something off the cuff here I'd, um, rather wait and, um, come out with a clear statement or thought on it at a later time."

Brownback tells OneNewsNow he is not aware of any Senate colleagues who share his concerns, but adds "elections have consequences."