Reason: The FCC Wants Warning Labels for Shows With ‘Transgender’ Content

By Joe Lancaster

The Federal Communications Commission (FCC) is considering new content ratings for TV shows that depict or discuss gender identity. Doing so would be well outside the FCC’s legal authority, and some free speech organizations warn that such a request could constitute a violation of the First Amendment.

At the direction of the Telecommunications Act of 1996, broadcasters developed content ratings for TV shows, patterned after the ones for movies. The TV ratings span TV-Y (appropriate for all children) to TV-MA (mature audiences only), plus more specific content labels for suggestive dialogue, bad language, sexual content, and violence. They also established the TV Parental Guidelines Oversight Monitoring Board (TVOMB) to administer the new ratings.

The government now suggests those warnings are no longer sufficient.

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This broad scope has First Amendment implications. “If what the Commission is in substance proposing is that any program featuring or discussing transgender and gender non-binary persons be flagged with a content warning, that is the stigmatization and marginalization of an entire segment of the population through the machinery of the ratings system, and it is the kind of viewpoint targeting forbidden by the First Amendment,” according to comments filed to the FCC by The Future of Free Speech, a nonpartisan think at Vanderbilt University.

“The FCC’s notice is so vague that it is impossible to determine what programming would actually trigger the kind of labeling the agency appears to be contemplating,” adds Ashkhen Kazaryan, a senior legal fellow at The Future of Free Speech who wrote the comments filed to the FCC. “That lack of clarity is itself a serious First Amendment problem because it invites arbitrary enforcement and political pressure around protected expression.”

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