Supreme Court throws out FCC indecency fines against broadcasters

[JimR-OCDS]

THE ASSOCIATED PRESS

WASHINGTON — The Supreme Court unanimously threw out fines and sanctions Thursday against broadcasters who violated the Federal Communications Commission policy regulating curse words and nudity on broadcast television.

But the justices declined to issue a broad ruling on the constitutionality of the FCC indecency policy. Instead, the court concluded only that broadcasters could not have known in advance that obscenities uttered during awards show programs and a brief display of nudity on an episode of ABC's NYPD Blue could give rise to sanctions. ABC and 45 affiliates were hit with proposed fines totaling nearly $1.24 million.

The justices said the FCC is free to revise its indecency policy.

http://www.telegram.com/article/2012...120629888/1116

Jim

[Dale_M]

This seems a narrow ruling. It overturns some FCC penalties, saying that the broadcasters couldn't have anticipated the obscenities. But it doesn't require the FCC change its regulations.

Moreover, it avoids the free speech and the equal treatment issues which seemed to be at the heart of the case.

My sense is that the court wanted to preserve obscenity restrictions on broadcast television. But they also may have felt such restrictions might not hold up to scrutiny with regard to the First and Fourteenth Amendments.

[JimR-OCDS]

Originally Posted by Dale_M

This seems a narrow ruling. It overturns some FCC penalties, saying that the broadcasters couldn't have anticipated the obscenities. But it doesn't require the FCC change its regulations.

Moreover, it avoids the free speech and the equal treatment issues which seemed to be at the heart of the case.

My sense is that the court wanted to preserve obscenity restrictions on broadcast television. But they also may have felt such restrictions might not hold up to scrutiny with regard to the First and Fourteenth Amendments.

Agree, except that by losing the case, the FCC reg is all but useless.


Jim