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JOINT STATEMENT OF COMMISSIONERS
KATHLEEN Q. ABERNATHY AND JONATHAN S. ADELSTEIN
Re: In the Matter of WBDC Broadcasting, Inc., Licensee of
Station WBDC-TV, Washington, D.C., File Nos. EB-03-IH-0466,
EB-03-IH-0467; Facility ID No. 30576
Re: Complaints against Fox Television Stations, Inc.
Regarding Its Broadcast of the ``Keen Eddie'' Program on
June 10, 2003, File No. EB-03-IH-0324
Balancing First Amendment protections with our
restriction on indecency requires a careful, measured
approach that does not infringe upon fundamental
constitutional rights. We have had to review many programs,
which, as parents, we certainly would not want our children
to watch. Yet, whether a program is suitable for our
children is not the standard that as Commissioners of this
agency we must apply. Certainly, there is a great deal of
material that is not directed towards children and that many
may find objectionable or in bad taste, yet the material
does not rise to the level of being indecent. The programs
in these complaints fit within that category. As other
radio and television cases demonstrate, we have not shied
away from enforcing restrictions on indecency when the
matter at issue does violate our rules. We are, however,
compelled by the Constitution not to overreach our limited
authority in this area and impose our taste and personal
judgments on the rest of America. If we overstep our
authority, we run the risk of having our limited authority
curtailed forever. As parents and Commissioners, we have
carefully applied the law with the long-term sustainability
of our enforcement authority in mind.