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Free expression laws diverge

Coeur d'Alene Press | UPDATED 14 years, 6 months AGO
| July 15, 2010 9:00 PM

Something about irony gets the gears whirring in new directions. Two of Tuesday's headlines made beautiful irony together. One lifts a ban on speech; the other creates a penalty against it.

Freedom of expression is, like the boundaries of decency, in the eye of the beholder.

The Second Circuit Court of Appeals struck down the Bush-era FCC rule against foul language as a First Amendment violation. Now when I say foul language, keep in mind (a) timing is almost everything - daytime rules are different from night, and (b) part of the problem is vagueness - one word can have multiple meanings, not all objectionable.

What is and isn't permissible to broadcast is a longstanding battle since George Carlin's "Seven Dirty Words," but it came to a head - or a breast - during Janet Jackson's infamous Superbowl faux-pas. Since then the FCC has taken a harsh stand against even live TV, when it is more difficult to regulate content. This suit by the networks came after fines were imposed for a string of expletives by celebrities on a live TV award show.

A key issue is why the f-word - like live "fleeting expletives" - is subject to penalty on one show, when the same word in a popular war movie was perfectly acceptable? The court said the heightened zero-tolerance indecency policy was a free speech violation because it is unconstitutionally vague. The ruling does not mean the FCC can't continue to regulate broadcasts generally, especially during prime family viewing time.

Ironically, too much modesty can also be indecent, at least in France. On Tuesday the French National Assembly passed a ban against face veils, which would make wearing them a criminal act subject to fine or community service. Forcing another person to wear one can earn jail time. President Sarkozy is passionately in favor of the ban, part of a national debate on free expression and what it is to be French. Apparently that will soon include not being free to choose a face-covering veil.

Contrary to common assumption, while some Muslim women find it suppressive, others actually do want to wear the veil, saying it makes them feel secure and safe. The issue reaches beyond France; other nations including Britain, Spain and Belgium are considering similar measures.

Where does freedom of expression end and oppression begin, be it through religion, government, or social pressure? Taken to extreme, the two threaten to become one.

Sholeh Patrick, J.D. is a columnist for the Hagadone News Network. Sholehjo@hotmail.com

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