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Professor: Children adversely affected by First Amendment

MSU-DCL College of Law Professor Kevin Saunders was set to travel to Washington, D.C., on Wednesday to testify before a U.S. Senate subcommittee when he received a call that his trip was canceled because officials decided to focus on post-Super Bowl indecency issues.

Saunders, who recently wrote the book "Saving Our Children from the First Amendment," was scheduled to discuss the book's content as it applied to the Children's Protection from Violent Programming Act. In his book, he discusses the impact of violent television and video games on viewers - particularly children.

Saunders planned to address the constitutionality of restricting violent content on TV until 10 p.m. to limit the number of violent programs children could be exposed to.

"There's a lot of statistics between movies and television showing aggression in children," Saunders said. "Sexual material is already distinguished. I am arguing we ought to extend that analysis to other areas."

A former elementary school teacher and father, Saunders is concerned with the First Amendment's application to children.

"I argue very strongly for the First Amendment right for adults to communicate with each other," Saunders said. "However, adults' expression rights do not include expressing themselves to other people's children."

The negative effects of violent media are overwhelming to MSU psychology Professor Hiram Fitzgerald.

"Watching heightens aggression, no question," Fitzgerald said. "There is a long history of research regarding this and the data is fairly consistent."

While he does not debate the impact of violent media, MSU-DCL associate Professor Frank Ravitch said there is danger in restricting First Amendment rights.

"Once you start limiting freedom of speech, where does it stop?" Ravitch said. "Where do we draw the line?"

The proposed Senate act would change the Federal Communications Commission's broadcasting standards to include violent programming under indecency regulations. This would give the FCC the authority to create a "safe harbor," or time when excessively indecent or violent programming could not be broadcast.

Andy Davis, spokesman for U.S. Sen. Fritz Hollings, D-SC, said the V-chip, which allows parents to block certain TV shows, is not effective. Hollings sits on the subcommittee.

"The V-chip is not addressing the problems that it is supposed to," Davis said. "You look at TV standards keep getting lower and lower. The FCC has not been vigilant."

The hearings on Wednesday included conversation about the act as well as the condition of broadcast standards and penalties for breaking FCC indecency rules.

While Saunders said he understands the change in plans, he wishes violence was still the focus.

"They've had like a couple hundred thousand complaints about (the Super Bowl), so it's understandable," Saunders said. "But I see violence as a much bigger issue."

Members from the subcommittee indicated that it was likely Saunders would be asked to speak on the issue in the future.

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