[Congressional Record (Bound Edition), Volume 152 (2006), Part 8]
[Senate]
[Pages 10919-10920]
[From the U.S. Government Publishing Office, www.gpo.gov]




                   BROADCAST DECENCY ENFORCEMENT ACT

  Mr. THUNE. Mr. President, I rise today in support of the Broadcast 
Decency Enforcement Act. As an original cosponsor of the bipartisan 
bill, I strongly support the Senate's recent unanimous action to add 
real teeth to the broadcast decency laws. The Broadcast Decency 
Enforcement Act enables the Federal Communications Commission to 
significantly increase the fines on television and radio broadcasters 
who violate the FCC decency rules regarding over-the-air public 
broadcasts. Specifically, this legislation will increase the maximum 
fine for the broadcast of obscene, indecent, or profane material to 
$325,000 for each violation, with a cap of $3 million for any single 
act or failure to act. This is a tenfold increase over the current 
maximum fine per offense.
  The First amendment states, ``Congress shall make no law . . . 
abridging the freedom of speech, or of the press.'' However, the 
Supreme Court has determined many times that not all forms of speech 
are protected. In fact, the Court has deemed fit to regulate such forms 
of speech as obscenity, defamation, speech that incites violence, 
speech that is harmful to children, and speech that is broadcasted on 
radio and television.
  Unfortunately, broadcasters have recently started playing fast and 
loose with the decency guidelines. Some of the infractions have made 
the headlines, but many others never do. Either way, the broadcasters 
have a responsibility to America's viewing public, and particularly to 
America's parents. Their behavior demands a response. Allowing obscene, 
indecent, or profane material over our unrestricted airways can make 
the job of raising children in today' s world even tougher than it 
already might be. Putting in place a fine that means something 
significant to broadcasters who violate decency regulations will help 
parents who are trying to surround their young children with good role 
models and decent behavior.
  My parents provided me with a strong value system that I depend on to 
this day. As a father of two teenage daughters, I am doing my best to 
make sure my girls understand the difference

[[Page 10920]]

between right and wrong as they prepare for life on their own. Parents 
will always have the primary role of instilling values in children, 
supported by teachers, church leaders, and friends. Decent television 
will never take the place of good parenting, but if there is a modest 
action that we can take here in Washington to keep the airwaves a 
little cleaner, I believe we should take that action. I am proud to 
support this effort to do just that.
  Mr. President, the House has recently passed this same legislation, 
and I call on the President to sign the bill into law. American 
families deserve nothing less.

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