Love "fleeting explitives"? So do the courts... (CNN)
06-11-07, 07:34 AM
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Love "fleeting explitives"? So do the courts... (CNN)
FCC profanities broadcast policy struck down by appeals court
NEW YORK (CNN) -- In a victory for TV networks, New York's highest court has ruled the indecency regulation policy of the Federal Communications Commission may be unconstitutional and broadcasters cannot be held liable for airing profane language such as the "F-word."
In a 2-1 decision, the judges for the New York 2nd Circuit Court of Appeals found that the FCC's "fleeting expletives" policy is "arbitrary and capricious" and that the agency did not adequately explain amendments and enforcement of its "vague" policy on broadcasts of profanity.
First Amendment lawyer Martin Garbus, who represents high-profile media personalities such as Don Imus, said the decision means the FCC cannot levy any fines for profanity on the airwaves until the FCC comes out with "reasoned policies."
FCC Commissioner Michael Copps responded to the court decision by warning that "any broadcaster who sees this decision as a green light to send more gratuitous sex and violence into our homes would be making a huge mistake." --By CNN's Katy Byron (Posted 3:08 p.m.)
NEW YORK (CNN) -- In a victory for TV networks, New York's highest court has ruled the indecency regulation policy of the Federal Communications Commission may be unconstitutional and broadcasters cannot be held liable for airing profane language such as the "F-word."
In a 2-1 decision, the judges for the New York 2nd Circuit Court of Appeals found that the FCC's "fleeting expletives" policy is "arbitrary and capricious" and that the agency did not adequately explain amendments and enforcement of its "vague" policy on broadcasts of profanity.
First Amendment lawyer Martin Garbus, who represents high-profile media personalities such as Don Imus, said the decision means the FCC cannot levy any fines for profanity on the airwaves until the FCC comes out with "reasoned policies."
FCC Commissioner Michael Copps responded to the court decision by warning that "any broadcaster who sees this decision as a green light to send more gratuitous sex and violence into our homes would be making a huge mistake." --By CNN's Katy Byron (Posted 3:08 p.m.)
I agree with the "reasoned policies" statement, but am not a proponent of swearing on TV (unless it's in very late prime time hours).
