Washington D.C.- Meet Fred Upton, a Republican congressman from Michigan’s 6th District. While you’ve been sleeping Upton’s taking the first big step to eradicate free speech on America’s airwaves. Upton has authored an indecency bill where broadcast licensees could be fined as much as $500,000 per violation under a new bill that just cleared the House Commerce Committee by a 49-to-1 margin. But the legislation would also subject air talent and performers who utter indecent remarks to the same massive fines as the station license holder.

Under existing indecency rules, the FCC already has the authority to fine individual performers up to $11,000. But it’s never done so.

The committee brushed aside lawmaker concerns that fining talent could raise First Amendment issues. “We run a great risk when our legislation threatens to undermine both our Constitution and our creativity,” said Rep. Janice Schakowsky (D-Ill), the only committee member who voted against HR 3717.

Despite the harsh penalties, the committee added some safeguards. If a company decides to appeal an indecency decision, the case would go before the federal district court for trial. And once a station’s license was renewed, its indecency clock would reset to zero.

The Broadcast Decency Enforcement Act of 2004 could go before the entire House for a vote as early as next week. Sam Brownback, the Republican Senator from Kansas who dashed off a letter this week to Mel Karmazin about Howard Stern, has introduced a similar bill in the Senate.

Background, February 12, 2004: Congressman Fred Upton, chairman of the House Energy and Commerce Subcommittee on Telecommunications and the Internet, today convened a hearing examining his legislation, the “Broadcast Decency Enforcement Act of 2004.” Upton introduced H.R. 3717 January 21st to increase the financial penalties which the Federal Communications Commission (FCC) can impose on broadcasters who air obscenity, indecency, and profanity on television and radio. Upton’s bill, which is on the fast track, has also garnered the support of the Bush Administration which backed the bill on January 28th.

“This is a tough bill which, if enacted, would help clean-up our airwaves, no doubt about it,” said Upton. “It’s just that, regrettably, the current ‘race to the bottom’ in the entertainment industry has made it an all but impossible task for parents. They should be able to rely on the fact that — at times when their children are likely to be tuning in — broadcast television and radio programming will be free of indecency, obscenity, and profanity. And Congress has given the FCC the responsibility to help protect American families in this regard.”

Testifying before Upton’s Subcommittee were Viacom President and Chief Operating Officer Mel Karmazin, National Football League Commissioner Paul Tagliabue, FCC Chairman Michael Powell, and FCC Commissioners Kathleen Abernathy, Michael Copps, Kevin Martin and Jonathan Adelstein.

“While I believe H.R. 3717 is a strong bill which is already having an effect, I am interested in working with Members on both sides of the aisle to improve the bill in a responsible way. We need to look at the level of the fines. We need to look at beefing up the license renewal procedures to ensure that indecency violations are factored in by the FCC. As I’ve suggested before, perhaps we are at a point where we need to drop the hammer of three strikes and you’re off the air,” Upton said during the hearing.

Upton’s bill increases the current penalty caps for indecency by 10-times. The legislation has wide bipartisan support and nearly 100 Members of Congress have already co-sponsored the common sense measure. Under current law, the maximum the FCC can fine per violation is $27,500. Upton’s bill would raise the total to $275,000 per violation.

Upton discussed during today’s hearing some of the mail that he has received. “In one letter, a frustrated mother wrote… ‘I am a single mom trying to raise a daughter, and I cannot believe that it is nearly impossible for us to watch TV, even sporting events, or listen to most radio stations either, without being exposed to indecent material’,” Upton said.