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STATEMENT OF
CHAIRMAN MICHAEL K. POWELL
Re: Complaints Against Various Broadcast Licensees
Regarding Their Airing of the
``Golden Globe Awards'' Program
Today, we overturn the Enforcement Bureau's October
2003 decision and find that the use of the ``F-word'' during
last year's broadcast of the Golden Globes violates the
federal statute. This sends a signal to the industry that
the gratuitous use of such vulgar language on broadcast
television will not be tolerated.
For the first time, the Commission has applied the
profanity section of the statute for the broadcast of this
highly offensive word, an application I fully support. The
Commission has an important obligation to punish those who
violate our law. In administering our authority, the
Commission must afford parties fair warning and due process
and not let our zeal trample these fundamental protections.
Given that today's decision clearly departs from past
precedent in important ways, I could not support a fine
retroactively against the parties. Prospectively, parties
are on notice that they could now face significant penalties
for similar violations.
Going forward, as instructed by the Supreme Court, we
must use our enforcement tools cautiously. As I have said
since becoming a Commissioner, government action in this
area can have a potential chilling effect on free speech.
We guard against this by ruling when a clear line has been
crossed and the government has no choice but to act.
We will continue to respect the delicate balance of
protecting the interests of the First Amendment with the
need to protect our children.