[Congressional Record (Bound Edition), Volume 150 (2004), Part 4]
[Extensions of Remarks]
[Page 4430]
[From the U.S. Government Publishing Office, www.gpo.gov]




                          PERSONAL EXPLANATION

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                           HON. BRAD SHERMAN

                             of california

                    in the house of representatives

                        Tuesday, March 16, 2004

  Mr. SHERMAN. Mr. Speaker, I voted present on H.R. 3717 today, the 
Broadcast Decency Enforcement Act. I support the aim of the bill, to 
limit the broadcasting of indecent material through increased 
penalties, but I have concerns about the application of such fines. My 
concern is that, since the Federal Communications Commission (FCC) 
lacks appropriate guidance for administering fines of this size, such 
enforcement action could have a chilling effect on free speech with 
regard to smaller broadcasters and individual performers. Mr. Speaker, 
this chilling effect can be reduced if the FCC is given clear statutory 
guidance as to how to determine the size of the fine; this bill fails 
to provide such clear guidance. Among the factors the FCC should be 
required to employ are the degree of indecency, pre-meditation, the 
number of viewers or listeners, and the size and wealth of the 
violator. In the absence of such clear standards, small broadcasters 
and nonwealthy performers may fear to speak even in manners which 
should be protected.

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