Why isn't the government's censoring of profanity on TV considered a violation of the First Amendment?

Question

The first amendment says "Congress shall make no law... abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble..." Technically, doesn't this mean that the government's censorship of profanity on TV and radio is illegal?

Answer 1

It is an infringement -- but it's a legal infringement.

Yeah, I know, that doesn't make much sense.

But the way the courts have interpreted all constitutional rights is that law can be passed -- but the laws only apply if they meet the constitutional threshold. For most free speech issues, that's the "strict scrutiny" standard -- the restriction must be narrowly tailored achieve a compelling govt interest using the least restrictive means.

But, here's the kicker -- regulation of public airwaves (not cable, not private media, just public broadcasts) only needs to meet intermediate scrutiny -- reasonably tailored to meet an important govt interest.

And the courts have determined the preventing profanity from being heard by the average listener on a public broadcast is an important interest, and that the regulation of broadcast media is reasonable to achieve that interest without being too restrictive.

I don't agree with the conclusion -- but that's what the law currently is.

Answer 2

Because the government owns the airwaves, and only rents them to the TV stations. Weird, huh?

Answer 3

coragryph is exactly right. This has been tested in court. Hundreds of volumes of books have been written on the first amendment. It's not that simple.