CBS Files Opening Brief In Indecency Case
November 21, 2006 at 5:51 AM (PT)
CBS filed its opening brief in the indecency case before the Third Circuit Court of Appeals MONDAY (11/20), telling the court that the case is a free-speech issue.
CBS called the FCC's actions "flatly inconsistent with the bedrock principle that First Amendment freedoms require breathing space to survive."
The brief alleges that the Commission's fine in the 2004 JANET JACKSON incident and the Commission's determination that fleeting uses of the "f-word" (specifically, in BONO's 2003 GOLDEN GLOBES appearance) are violations of the indecency rules and subject to heavy fines "cannot be reconciled with either the prior three decades of FCC precedent or, more importantly, the decisions of federal courts articulating the First Amendment limitations" of the FCC's regulatory powers.