Court Tightens Indecency Rule for TV, Radio

WASHINGTON — People who want to watch steamy movies on broadcast TV or listen to racy talk shows will soon have to tune in after 10 p.m., a federal appeals court ruled Friday.

The 7-4 decision by the U.S. Court of Appeals for the District of Columbia will mean tighter regulations for the TV and radio broadcasting industry.

Under Federal Communications Commission rules, TV and radio stations may air indecent shows only between 8 p.m. and 6 a.m. The court ruling narrows the “safe harbor” for indecent programs to between 10 p.m. and 6 a.m.

For the broadcast medium, indecent material is that which describes in terms patently offensive, as measured by contemporary community standards, sexual or excretory activities or organs. Unlike obscenity, indecent language or material is protected by the First Amendment.

FCC attorneys are not sure when the new restriction takes effect. It does not apply to cable television.

Because the government has shown a compelling interest in protecting children from indecent materials, the court upheld as constitutional government regulations restricting this type of speech on broadcast stations.

“The government’s dual interests in assisting parents and protecting minors necessarily extends beyond merely channeling broadcast indecency to those hours when parents can be at home to supervise what their children see and hear,” Judge James Buckley wrote in the majority opinion.

FCC Chairman Reed E. Hundt praised the court ruling. “Parents and the public are the winners,” he said.

But opponents--including civil liberties and civil rights groups, broadcasters and authors--vowed to appeal to the Supreme Court.

Opponents asserted the court’s indecency ban will keep all kinds of programs from being made and aired on broadcast stations--from talks shows on sex education to documentaries on AIDS.

The restrictions also deprive adults of programs suitable for them, but not their children, opponents said.

The appeals court decision reversed a 1993 lower court ruling.