FCC report suggests TV violence limits

According to a story in this morning's Los Angeles Times (registration required to read it), Congress could authorize the regulation of excessively violent television shows without violating the Constitution. This is based on the draft of a long-awaited report by the Federal Communications Commission, which also found that increased blood and mayhem on TV has at least short-term effects on children.

The article goes on to say that "The conclusions about the constitutionality of regulating TV violence would be controversial. The Supreme Court ruled in 1978 that the FCC could regulate indecency on broadcast TV and radio, but the court has never ruled on regulation of violence. Broadcasters are suing the FCC because they contend that the commission's tougher indecency policies since 2004 are arbitrary and unconstitutional. Defining excessive violence could be even more complicated. The FCC's draft report acknowledges the difficulty of defining violence but says it could be done constitutionally," according to one FCC official.

While such legislation may be needed, it will also open the door to a flood of lawsuits, I predict, and not just from those who claim their First Amendment Rights are being taken away. There will also be suits from those who have been the victim of violent crimes and the like, who maintain that TV show writers, producers, actors, cable channels and what-have-you, all contributed in some way to the violence that impacted their lives. And they would certainly have the right to make those claims, just as the broadcasters have.

These are complicated legal issues with equally complicated answers; and nothing will get resolved in a timely fashion. But no matter what happens or how long such suits drag out, one thing is for certain: As with so many situations in life, it will be the lawyers who ultimately win.