ABSTRACT
Professional broadcasters may make the mistake in believing that the United States Supreme Court is where the law of broadcast indecency is found. The “politics” of broadcast regulation can be seen clearly in the case of broadcast indecency policy. Prior to 1927, “Congress had passed only two laws dealing with radio: the Wireless Ship Act of 1910 and the Radio Act of 1912. The influence of the D.C. Circuit appeared to become increasingly important in the late 1960s with respect to broadcast regulatory policy. Without significant action from the United States Supreme Court on broadcast indecency policy, it appears that the D.C. Circuit will continue to hold an upper hand in setting long-term boundaries for free broadcast speech. Any political model would need to build upon social theory that would help predict how regulation functions on an economic landscape. Broadcast managers continue to face a murky political process with respect to broadcast indecency.
