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Top Senate Republican pushes quick indecency vote 



WASHINGTON (Hollywood Reporter) - Senate Republican leader Bill Frist is
attempting to work out a deal with Democrats to limit debate on
legislation that would increase the fines people pay for broadcasting
smut so that a vote on the bill could come Thursday, sources said. 

Supporters of the legislation had tried to ramrod the legislation through
the Senate Tuesday under an expedited procedure, but that ran into
problems as various groups and Democrats began to raise objections to
voting on the bill without debate. 




 
"Frist has been trying to work out time agreements with Democrats so that
there will be a short debate and a vote on Thursday," one GOP Senate aide
said. 

But it was unclear late Tuesday whether Frist is going to be able to get
Democrats to go along with his plan. Democratic aides also said the
Tennessee senator had been working their bosses in an attempt to get a
vote before the Senate goes out for spring recess, but no agreement had
been reached. 


"There's no time agreement as of now," a Senate leadership aide said.
"There's not been any serious discussions of a time." 


But Frist's efforts may have gotten a boost as Sen. John Breaux, D-La.,
is unlikely to push an amendment to include some cable programming under
the same indecency regulations that broadcasters have to meet, according
to his spokesman Brian Weiss. 


As defined by the FCC and the courts, material is indecent that "in
context, depicts or describes sexual or excretory activities or organs in
a patently offensive manner as measured by contemporary community
standards for the broadcast medium." Obscene speech is not protected by
the First Amendment and cannot be broadcast at any time, but indecent
speech can be broadcast from 10 p.m.-6 a.m. 


Breaux's amendment failed by only one vote in the Senate Commerce
Committee, but Weiss said the senator was leaning against bringing it up
on the floor. 


"My impression is that he is unlikely to bring it up, but he reserves the
right to offer an amendment if he sees fit," Weiss said. 


Representatives of the creative community also have been pushing
lawmakers to at least tone down a provision in the bill that could have
individuals facing fines of $500,000 if they make an indecent act on TV
or radio. Under the bill that won committee approval, companies could
face fines of $275,000-$500,000 for each broadcast indecency.
Individuals, however, are automatically subject to the $500,000 fine. 


The American Federation of Television and Radio Artists, a major
Hollywood union, and the Creative Coalition, a political advocacy group,
have been spearheading efforts to get that provision changed. A similar
provision is in the version of the bill that overwhelmingly won in the
House. Sources within the creative community said they thought they had
secured enough support for an amendment that would water down that
provision. Sen. John McCain, R-Ariz., and others are considering offering
an amendment that would make the fine structure the same for businesses
and individuals. The change also would include language that would
consider the accused's ability to pay. 


"But that doesn't mean we agree with the draconian provision," one
creative community source said. "Performers are not the right people to
be fined." 

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