Supreme Court Will Hear FCC Indecency Appeal
March 17, 2008 at 8:46 AM (PT)
The SUPREME COURT has decided that it will hear the FCC's appeal of the Second Circuit Court of Appeals ruling against its indecency rules.
The case, pitting FOX, ABC, and CBS against the FCC, arose from "fleeting expletives" that aired on two editions of the "BILLBOARD MUSIC AWARDS" on FOX. The court remanded the case, ordering the FCC to reconsider its reasoning in ruling that the fleeting expletives were actionable.
Another case brought by CBS against the fine levied for the JANET JACKSON SUPER BOWL half-time show awaits a decision at the Third Circuit Court of Appeals.
The NAB Responds
Speaking for the NAB, EVP DENNIS WHARTON said: "NAB is pleased the SUPREME COURT has agreed to review this case, and that Justices will provide badly-needed clarity to both broadcasters and policymakers on this critically-important First Amendment case. We're confident that whatever the outcome of this case, local radio and television stations will be mindful of broadcasting's long history of providing programming that will reflect and respect the audiences that we serve."