MEDIAWEEK WEB
NEWS

MEDIA AGENCIES AND RESEARCH
SaveE-mailPrintMost PopularRSSReprints

Court Shoots Down FCC Indecency Policy

July 13, 2010

-By Katy Bachman


mw/photos/stylus/66255-LawM.jpg
For now, f-bombs from rock artists or actors on live TV are safe. A U.S. Appeals Court shot down the Federal Communications Commission's indecency enforcement policies Tuesday (July 13), ruling that the rules, adopted in 2004, violated the First Amendment.

The ruling by the U.S. Court of Appeals of the Second Circuit in Fox Television Stations v. FCC, was a big win for Fox, CBS and ABC, which had petitioned the Court, arguing that the guidelines were vague and did not give adequate guidance regarding fleeting expletives.

"The FCC's policy violates the First Amendment because it is unconstitutionally vague, creating a chilling effect that goes far beyond the fleeting expletives at issue here," the court wrote.

Broadcasters, along with petitioners such as The Media Access Project, expect to take the issue to the Supreme Court.

"Media Access Project entered this case on behalf of writers, producers, directors and musicians because the FCC's indecency rules are irredeemably vague and interfere with the creative process. Today's decision vindicates that argument. The next stop is the Supreme Court, and we're confident that the Justices will affirm this decision," said Andrew Jay Schwartzman, svp and policy director for MAP.

In a statement, the FCC Chair Julius Genachowski said the Commission was reviewing the Court's decision "in light of our commitment to protect children, empower parents and uphold the First Amendment."


Court Shoots Down FCC Indecency Policy

July 13, 2010

-By Katy Bachman


mw/photos/stylus/66255-LawM.jpg

For now, f-bombs from rock artists or actors on live TV are safe. A U.S. Appeals Court shot down the Federal Communications Commission's indecency enforcement policies Tuesday (July 13), ruling that the rules, adopted in 2004, violated the First Amendment.

The ruling by the U.S. Court of Appeals of the Second Circuit in Fox Television Stations v. FCC, was a big win for Fox, CBS and ABC, which had petitioned the Court, arguing that the guidelines were vague and did not give adequate guidance regarding fleeting expletives.

"The FCC's policy violates the First Amendment because it is unconstitutionally vague, creating a chilling effect that goes far beyond the fleeting expletives at issue here," the court wrote.

Broadcasters, along with petitioners such as The Media Access Project, expect to take the issue to the Supreme Court.

"Media Access Project entered this case on behalf of writers, producers, directors and musicians because the FCC's indecency rules are irredeemably vague and interfere with the creative process. Today's decision vindicates that argument. The next stop is the Supreme Court, and we're confident that the Justices will affirm this decision," said Andrew Jay Schwartzman, svp and policy director for MAP.

In a statement, the FCC Chair Julius Genachowski said the Commission was reviewing the Court's decision "in light of our commitment to protect children, empower parents and uphold the First Amendment."
COMMENT
 


Post a Comment
Asterisk (*) is a required field.
*Username: 
*Rate This Article: (1=Bad, 5=Perfect)

*Comment:
 


Mediaweek on Facebook


Mediafreak


  • Newsletter
  • Chat
  • Podcast
  • Column

NBC Wins Wednesday Overnights; ABC’s CMA Music Festival Down Year-to-Year

2010-09-02

Despite facing yearly musical extravaganza CMA Music Festival: Country’s Night to Rock on ABC, NBC dominated the overnights on this first Wednesday of September, with a 14 percent advantage over second-place CBS. Next was ABC, followed by Fox and distant The CW.

More

More Newsletters

Do you eat, breathe and sleep TV, but don't want to start your own blog?
Share your thoughts and opinions with thousands of TV lovers everywhere at Marc Berman's PIFeedback.com, a forum about all things television. The Programming Insider posts the previous nights broadcast ratings results and weighs in on any number of TV issues, from the latest hits to the best of the classics.
Click Here to Chat

Click here to hear Marc Berman's morning review of last night's TV highlights and lowlights. Berman, aka The Programming Insider, offers tasty tidbits from his daily enewsletter, dishes on TV news (occasionally with a guest editor from Mediaweek) and previews upcoming shows to watch or avoid.

x

Mr. TV: Guilty As Charged

Finally, the end is near. I’m ecstatic that the summer TV season is almost officially over. 

More

More Column

Get a daily update of the latest media news stories delivered to your inbox every morning.