Broadcasters attack indecency 'safe harbor.' (broadcasting between midnight and six a.m.)

Broadcasting & Cable, October, 1994 by Stern, Christopher

The FCC has failed to lay the factual groundwork for its policy relegating indecent broadcasts to airing between midnight and 6 a.m., broadcasters have told the U.S. Court of Appeals. The broadcasters said the FCC has offered no proof to justify the midnight-6 a.m. "safe harbor" for indecent broadcasts.

"The commission simply has come up with no evidence of a problem here," said Timothy Dyk, who represents a coalition of broadcasters and public-interest groups. Dyk also argued that the indecency policy infringes on the rights of adults to hear otherwise legally protected language. The hearing last Wednesday was the latest bout in the ongoing tug-of-war between Congress and the courts over the FCC's indecency policy. Since 1987 Congress has...

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