ERIC Number: ED198582
Record Type: RIE
Publication Date: 1980-Nov
Reference Count: 0
The Right Not to Hear as a Rationale for Broadcast Regulation: A Review and an Appraisal.
Glasser, Theodore L.; Jassem, Harvey C.
"FCC v. Pacifica Foundation," a 1978 case involving a radio broadcast considered to be indecent, was the first United States Supreme Court litigation using the right of privacy, or the right not to hear, as a rationale for broadcast regulation of programing. The issue of pornography best illustrates the judiciary's understanding of the conflict between the right to be heard and the right not to hear. The ruling in the "Pacifica" case maintained that it was not that the content of the indecent speech was not protected, but rather, the manner in which it was presented--over the broadcast media when children might be listening--that strips the presentation of its constitutional right to be heard. However, since broadcasters cannot guarantee that no children will be in a supposedly adult audience, the right not to hear is not viable justification for reducing an adult listener's freedom through broadcast regulation. Parents and guardians must accept the responsibility for monitoring a child's exposure to broadcast media. (HTH)
Publication Type: Speeches/Meeting Papers; Opinion Papers
Education Level: N/A
Authoring Institution: N/A
Note: Paper presented at the Annual Meeting of the Speech Communication Association (66th, New York, NY, November 13-16, 1980).