The Federal Communications Commission’s kind of like a TV police force, with the authority to fine broadcasters if they air “indecent” programming or profane language during certain hours. (Remember the Janet Jackson “wardrobe malfunction” a few Superbowl halftimes ago? The FCC had a heyday with that.) But just like the police can’t arrest someone until they’ve committed a crime, the FCC can’t enforce federal regulations until the questionable content has already been broadcast and actual complaints are received. And by then, the damage has already been done. Or, in Janet Jackson’s case, the wardrobe already malfunctioned.

But while the FCC seems anxious to fine broadcasters for showing what they consider to be obscene material, they don’t seem as concerned with violence. In fact, the FCC just punted this entire issue to Congress, saying it had “no authority” to regulate violence on TV.

Tune In To The Facts A 2007 FCC report [in PDF] concluded that using the 1997 federal standards to rate programming has been "largely ineffective" at limiting children's exposure to inappropriate content. In fact, at times, it’s even helped kids hone in on what they shouldn’t be watching. Regulating violence on television has faced First Amendment challenges in the courts. And historically, courts will protect depictions of violence based on these free speech arguments.

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