Indecency rule tossed by court; FCC curbs on broadcasts 'arbitrary and capricious'

[maddezmom]

Source: NYT

WASHINGTON - If President Bush and Vice President Dick Cheney can blurt out vulgar language, then the government cannot punish broadcast television stations for broadcasting the same words in similarly fleeting contexts.

That, in essence, was the decision on Monday, when a federal appeals court struck down the government policy that allows stations and networks to be fined if they broadcast shows containing profanities.

Although the case was primarily concerned with what is known as "fleeting expletives," or blurted profanities, on television, both network executives and top officials at the Federal Communications Commission said the opinion could gut the ability of the commission to regulate any speech on television or radio.

Kevin Martin, the chairman of the FCC, said the agency was now considering whether to seek an appeal before all the judges of the appeals court or to take the matter directly to the Supreme Court.

The decision, by a divided panel of the 2nd U.S. Circuit Court of Appeals in New York, was a sharp rebuke for the FCC and for the Bush administration. For the four television networks that filed the lawsuit, Fox, CBS, NBC and ABC, it was a major victory in a legal and cultural battle that they are waging with the commission and its supporters.



Read more: http://www.twincities.com/ci_6061027?source=rss

[Radio_Lady]

1. This is an important ruling. Thanks for posting it tonight. K&R.

So, Howard Stern can move back to "terrestrial" radio and Imus might get his job back? (Please NOT...but that's just my opinion, folks.)

Employers will still have the right and the duty to hire and fire at will.

This puts the onus right back where it belongs -- on the broadcasters -- to be responsible. Limits will still be tested and reasonable people can still disagree. But the ultimate test of this should be with the viewer/listener and the use of the "OFF" button, not the government.

However, I don't know much about the appeals process in this case, or whether the Supreme Court would hear and/or strike down this ruling. Fascinating... Thanks again.

Radio Lady in Oregon

[Radio_Lady]

2. Hollywood's outspoken Nikki Fink's permalink and views on this subject (LINK)

http://www.deadlinehollywooddaily.com/fuckin-great-broadcasters-win-big-court-decision-against-fcc-on-expletives/

Fuck That! Broadcasters Win Big Appeals Court Decision Against FCC On Expletives
June 4, 2007

News reports say a U.S. appeals court today overruled federal regulators who decided that expletives uttered on broadcast television violated decency standards. This is a big win for the TV networks. The U.S. Court of Appeals for the Second Circuit in New York, in a divided decision, said that the FCC was "arbitrary and capricious" in setting a new standard for defining indecency. The judges sent the matter back to the FCC to clarify its policy. This could now go up to the Supreme Court. At issue was the FCC ruling in March 2006 that the Fox network had violated decency rules when Cher blurted "fuck" during the 2002 Billboard Music Awards and Nicole Richie said a variation of that and "shit" during the 2003 broadcast.

[regnaD kciN]

3. I'm sure the SCOTUS will reverse it...

...probably by a 5-4 margin.

[saigon68]

6. Yes Scalito et al will bow to their "Fucking Masters"

[DRoseDARs]

4. "When asked Monday for his opinion on the ruling, VP Cheney responded, 'Fuck that. Where's my gun?'"

eom

[DainBramaged]

5. A reasoned and important decision reigning in those puritans at the FCC

Fuck them! Prude ass morons. They should try to stop Comedy Central on Saturday nights after Midnight when the good stuff (uncut) gets broadcast! And to try and fight the decision in NY! Fools. Free the airwaves, give us back our Constitution. The Networks have never gone overboard with obscene language, these piety whores just want to control everything except themselves (ie Bush and Cheney's potty mouths).

[Socal31]

7. Not quite correct...

Cable TV has no guidelines. Comedy Central could legally show hard-core pornograpy at Noon. Why dont they? No advertiser would touch that with a 10-foot pole. The only stations that are censored are the ones that are broadcast over the public airwaves. (2-11 where I live.) However, I put the responsiblity on the parents, not the government. There are bigger and better things for our government to worry about than some Irish has-been muttering an f-bomb on an awards show.

[Vidar]

8. Applauding the appeals court.

[truthisfreedom]

9. These hypocrites need to have their noses rubbed in what they've done to our freedoms.

This is a perfect snootful of shit for both cheney and bush.