What the F***? - Why We Curse
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tnr.com
He obviously doesn't know my friends. Some would also say "Fuckingly."
The downside consequences are much more limited, of course, but whereas George Carlin will make us laugh while dropping 'fuck,' children are more likely to use the word in ways that make us cringe.
- C.S. Lewis
We don't want to keep kids from swearing really, we want to keep them from swearing at the wrong moment and making themselves (and us) look foolish. Since this is impossible, we'd really just prefer if they didn't even know those words until they've developed the judgment required to use them correctly.
Point being: Some people do believe that there is a minimum amount of decency required on the nation's airwaves to preserve ethical standards particularly of children whose values are highly malleable. It is justified as not being a violation of free speech with the same idea as that of the schenck ruling, that there indeed are limits to what a person can say without punishment.
Personally I feel people have a right to their belief in something like this, while others feel it infringes on our rights. But again, no matter what society we live in our rights are always limited by boundaries anyway...and boundaries serve a good purpose in shaping the morality of a nation. Morality...is often useful. I'll leave it at that?
Nowhere is 'free speech' involved here. Free speech is the idea that the government will not use force to prevent or punish you for speaking on your own property or on the property of someone who is willing to have you.
If you break into an auditorium and give a speech with a stolen microphone, your ultimate arrest has nothing to do with the 'limits of free speech.' Likewise, if you use a pen or your mouth in the commission of a legitimate crime (such as fraud, assault, or murder), then free speech is not the issue.
The most historically congruent approach is to apply the principles of homesteading and private property rights, and allow courts to develop a common law framework for resolving disputes. Courts were beginning to do this successfully in the 1920s until the FCC was foisted upon us, with the effect of nationalizing the radio spectrum.
In practice today, this approach would mean privatizing the entire spectrum and allowing market forces to work, just as they do with all other forms of private property.
You can read Declan McCullagh's informed analysis of the modern harms the FCC causes and his detailed rationale for a property-based market approach here:
http://www.news.com/2010-1028-5226979.html ('Why the FCC should die')
To better understand the importance of homesteading and property rights from a 'first-principles' analysis, I would recommend Murray Rothbard's _The Ethics of Liberty_, which you can freely read or download here:
http://mises.org/rothbard/Ethics/Ethics.asp
In Rothbard's _For a New Liberty_, he addresses specifically the origins of the FCC and how the market approach was thwarted and replaced with bureaucracy:
http://blog.mises.org/archives/002532.asp
http://www.mises.org/rothbard/newliberty.asp
http://mises.org/rothbard/foranewlb.pdf
An alternative approach is to treat the radio spectrum as a non-scarce good (like air), which perhaps is not that far from the truth in light of modern radio technology. Under this view, radio spectrum need not and should not receive recognition as property, nor should it be 'managed', regulated, or conserved by government.
There are lots of things we aren't free to say, such as shouting fire in a theatre, threatening others, etc. But they all come down to measurable harm. As the Wikipedia article you linked says, they are "directed to and likely to incite imminent lawless action." It's unquestionable that we as a society have a right to censor if the person's speech has no artistic value and causes physical harm to others, because in so doing, they violate other people's civil liberties, which is what the law is designed to protect. It's the same as murder, though to a lesser degree.
So for swearing on television to fall into the same category as shouting fire, it would have to be proven to harm others. There's no evidence that this is the case whatsoever, let alone proof, or even a rational argument. Thus there should be no FCC censorship.
I'm not really sure what to believe at this point, but I'm just putting that point of view out there.
oooo, sounds like a startup idea!