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House passes steeper indecency fines { February 16 2005 }

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   http://www.latimes.com/news/nationworld/nation/la-021605indecent_wr,0,7999232.story?coll=la-home-headlines

http://www.latimes.com/news/nationworld/nation/la-021605indecent_wr,0,7999232.story?coll=la-home-headlines

House OKs Steeper Indecency Fines
By Jube Shiver Jr.
Times Staff Writer

1:12 PM PST, February 16, 2005

WASHINGTON — Setting the stage for a tougher government crackdown on indecency on the airwaves, the House of Representatives today overwhelmingly passed legislation that would allow federal regulators to dramatically increase fines levied on radio and television stations for indecency.

The House voted 389 to 38 in favor of a measure that would allow the Federal Communications Commission to hike indecency fines on television and radio stations from a maximum of $32,500 to as much as $500,000 per incident, rejecting criticism that tougher penalties might chill free speech on the airwaves.

The House measure also holds performers personally accountable for "willful" indecent acts by subjecting them to fines of as much as $500,000, up from $11,000.

The House bill awaits action on a less sweeping measure in the Senate, which limits the maximum fine to $325,000 and does not penalize performers for indecent acts.

Although the House bill enjoyed bipartisan support from lawmakers upset by singer Janet Jackson baring a breast during the Super Bowl halftime show televised a year ago on CBS, the measure drew significantly more opposition — almost exclusively from Democrats — than a similar indecency bill that stalled in the House last year.

Rep. Bernie Sanders (I-Vt.) called the measure "a bad bill and … a dangerous bill."

Rep. Jan Schakowsky (D-Ill.) warned that approval of the bill "would put Big Brother in charge of deciding what is art and what is free speech."

The two lawmakers and several other opponents cited the refusal of 66 ABC affiliates to air an uncut version of the World War II movie "Saving Private Ryan" on Veterans Day last year out of concern that the profanity and graphic violence in the film could bring punishment from the FCC.

Experts said that the opposition to the House bill may be significant enough that it could give Senate negotiators leverage to extract concessions when they hammer out a final law. Differences between the House bill and any measure passed in the Senate would have to be resolved before it is sent to President Bush.

"The margins [for approval] this time weren't what they were before, so it may be more difficult to resolve some issues," said John Griffith Johnson Jr., a Washington lawyer who has followed the debate over indecency on the airwaves.

But he added: "This is one bill on which substantial number of people on both sides of the aisle agree. Compared to Social Security reform and other tough issues like that, I think Congress thinks this is one relatively popular bill they can get through."


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