Court Throws Out FCC Fine Against ABC For 'NYPD Blue'

[alp227]

Source: Broadcasting & Cable

The Second Circuit Court of Appeals has thrown out the FCC's fine against ABC for a shot of Charlotte Ross' bare back and behind on NYPD Blue. That means the court finds the FCC's pursuit of scripted nudity just as unjustifiable as that of fleeting profanity. Another court--the third circuit--is still pondering the FCC's pursuit of fleeting nudity (see below).

In a nonprecedential summary judgment, the Second Circuit held that since it found that the FCC's fine "for fleeting, unscripted utterances" in Fox music awards shows was unconstitutionally vague, and the NYPD Blue case, though dealing with scripted nudity, "turns on an application of the same context-based indecency test" it found impermissibly vague in Fox, the court agreed to vacate the NYPD Blue fine for the same reason of vagueness.

ABC back in August asked the court throw out the FCC's $1 million-plus fine against 52 ABC affiliates for a 2003 broadcast of NYPD Blue, citing the same court's decision a month before that the FCC's indecency enforcement regime is unconstitutionally vague.

Read more: http://www.broadcastingcable.com/article/461758-Court_Throws_Out_FCC_Fine_Against_ABC_For_NYPD_Blue_.php

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That episode of NYPD Blue was "Nude Awakening" from February 2003; the Parents Television Council filed most of the complaints against this episode. That season, NYPD Blue was shown at the third hour of primetime...which is before 10PM "indecency rules relaxed" time in the Central and Mountain time zones.

[derby378]

1. I saw a naked man's butt on an episode of ER once...

The actor had just finished up a very brief sex scene that had no additional nudity. I don't recall anyone calling this show on the carpet, though.

[truebrit71]

2. That was a great episode...

..the nekkidness wasn't long enough though...and no-one listened to MY complaints about that either...:evilgrin:

[toddwv]

3. A quick glance on Google and I've come to the conclusion

that she should be encouraged to walk around naked at all times.

[RockaFowler]

4. ABC Already paid the fine

I wonder if they will ever see that money again

[alp227]

5. once all appeals are exhausted

the article states: "ABC had paid the fine, but only because it needed to do so in order to then appeal it. The fine went into the general treasury, but ABC likely won't see any of that money until the government's appeals process is exhausted."

[nolabear]

6. Radar once showed his naked behind on M*A*S*H and there wasn't any brouhaha.

I remember it well. A tiny flash of booty just as he was dashing into the shower (I think someone was shooting at him). It was pre-rewind days so we all looked at one another and said "Was that what I think it was??" It was. I supose a millisecond of booty doesn't count.

[raouldukelives]

7. Maybe I'm just getting old..

TV sex and violence seems out of control. I remember as a kid watching Three's Company and hearing how it pushed the limits of decency on television. If they could only see Two and a Half Men. Or having to sneak into R rated horror movies that are far, far tamer than the gore shown on episodes of CSI. Of course, I didn't have access to the internet and all of the truly hideous things available with a few keystrokes nowadays. Maybe they have to push the boundaries on TV to get any kind of an audience.

[thelordofhell]

8. John Ritter flashed his nutsack on Three's Company

[hootinholler]

9. They should have sued over Dennis Franz's ass. n/t