NCJ Number
151046
Date Published
1994
Length
32 pages
Annotation
This analysis of the constitutionality and usefulness of voluntary and involuntary television violence ratings or labels concludes that the best solution to the issue of violence on television would be for broadcasters to adopt some form of rating or label voluntarily and to work with the viewing public to refine the system.
Abstract
Over the years the courts have made it clear that the government may not use voluntary ratings in an effort to restrict First Amendment freedoms. Broadcasters may not be prevented from engaging in voluntary self-censorship, nor may they be punished or reprimanded for choosing not to engage in such behavior. Although it may be possible to mandate violence ratings, such action would undoubtedly invite extensive judicial review. The government will have to develop a definition of violence that is not vague or overly broad and that will satisfy both the courts or the critics. The government would also have to demonstrate a compelling need to protect children from violent programming, as well as sensitivity to the First Amendment rights of the creators and distributors of violent programs. Unfortunately, broadcasters may be reluctant to adopt voluntary ratings or labels out of fear of an economic backlash. Voluntary action by industry is unlikely. It is also uncertain how far the government can go in pressuring the industry into taking voluntary action. Finally, the focus on violence ratings should not distract attention from the more urgent issues regarding violence in our society: poverty, drugs, and the disintegration of the family. 28 references