Court rejects FCC broadcast decency limit

COURT REJECTS FCC BROADCAST DECENCY LIMIT
[SOURCE: Reuters, AUTHOR: Martha Graybow]
(This summary contains expletives.) The U.S. Court of Appeals for the Second Circuit in New York, in a divided decision, said that the U.S. Federal Communications Commission was "arbitrary and capricious" in setting a new standard for defining indecency. The court sent the matter back to the commission for further proceedings to clarify its indecency policy. The FCC, which said it was still studying the opinion, could decide to ask the U.S. Supreme Court to reverse the appeals court. The FCC ruled in March 2006 ruling that News Corp.'s Fox television network had violated decency rules when singer Cher blurted "fuck" during the 2002 Billboard Music Awards broadcast and actress Nicole Richie used a variation of that word and "shit" during the 2003 awards. No fines were imposed but Fox had challenged the decision to the appeals court, arguing that the government's decency standard was unclear, violated free speech protections and that the rulings had contradicted findings in past cases. FCC Chairman Kevin Martin angrily retorted that he found it "hard to believe that the New York court would tell American families that 'shit' and 'fuck' are fine to say on broadcast television during the hours when children are most likely to be in the audience. If we can't prohibit the use (the two obscenities) during prime time, Hollywood will be able to say anything they want, whenever they want," Chairman Martin said in a statement.
http://today.reuters.com/news/newsArticle.aspx?type=industryNews&storyID...

* FCC Chairman Martin
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-273602A1.doc

* Martin Calls Court Decision "Divorced From Reality"
http://www.broadcastingcable.com/article/CA6449007.html

* FCC's Martin: This Is Unf---ing Believable
http://adage.com/mediaworks/article.php?article_id=117099

* FCC Commissioner Copps
"This decision is disappointing to me and to millions of parents and concerned citizens across the land. But it doesn't change the FCC's legal obligation to enforce the indecency statute. So 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."
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-273599A1.doc

* Copps Says Court Profanity Ruling Is No Green Light
http://www.broadcastingcable.com/article/CA6448988.html

* Appeals Court Hands Broadcasters a Win (Associated Press)
http://www.tvnewsday.com/articles/2007/06/04/daily.11/

* FCC's Profanity Ruling Against Fox Thrown Out
http://www.broadcastingcable.com/article/CA6448861.html?rssid=193

* Court Stops FCC’s F-Word Crackdown
http://www.multichannel.com/article/CA6449023.html

* F.C.C. Rebuffed by Court on Indecency Fines
http://www.nytimes.com/2007/06/05/business/media/05decency.html?ref=toda...

* Broadcasters Win Appeal Of FCC's Profanity Ruling
http://www.washingtonpost.com/wp-dyn/content/article/2007/06/04/AR200706...

* Broadcasters Win Profanity Ruling
http://online.wsj.com/article/SB118097888399323950.html?mod=todays_us_pa...

* FCC efforts on indecency dealt setback
http://www.latimes.com/business/printedition/la-fi-fcc5jun05,1,3039104.s...

* Appeals court to FCC: back to the fucking drawing board
http://www.lasarletter.net/drupal/node/406

* Inouye, PTC Tell FCC To Appeal Profanity Call To Supremes
http://www.broadcastingcable.com/article/CA6449016.html

HOLLYWOOD SAYS PROFANITY SMACKDOWN AFFECTS VIOLENCE PUSH
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Hollywood expressed its happiness with the federal court's reversal of FCC profanity policy Monday with Jonathan Rintels, executive director of the Center for Creative Voices in Media, using it as an opportunity to warn the FCC about extending its reach to violent programming. Rintels said "Last April, the FCC told Congress that it could give the Commission new powers to regulate so-called 'violent' broadcast television content, however that might ultimately be defined. In light of today’s clear Court of Appeals ruling that the FCC has abused its discretion to regulate television content, and acted “arbitrarily and capriciously,” it would be extremely unwise ­ even irresponsible -- for Congress to now grant these exponentially expanded new powers to the Commission."
http://www.broadcastingcable.com/article/CA6448995.html?rssid=193

* Media Access Project:
"Score one for the First Amendment. It’s a shame that citizens and broadcasters had to seek protection from the courts, but it is very reassuring to know that one branch of the government can rise above demagogy."
http://www.mediaaccess.org/press/Indecency0604.pdf