Supreme Court Will Hear About Indecency Rules June 23rd
June 10, 2011 at 3:45 AM (PT)
THURSDAY, JUNE 23rd is the date set by THE SUPREME COURT "to discuss the government's request that it reverse a lower court ruling in FOX vs. FCC that struck down its indecency enforcement regime," reports BROADCASTINGCABLE.COM.
This case harkens back to when CHER and NICOLE RICHIE used "vulgar expletives" on the BILLBOARD AWARD SHOWS in 2002 and 2003, broadcast live on FOX. The FCC reacted to that, and the case has been in the courts ever since.
In JANUARY 2010, the FCC's "fleeting expletives" indecency ban took a battering from a three-judge panel of the Second Circuit Court of Appeals in NEW YORK (NET NEWS 1/14/2010), as the panel heard the remanded case and grilled an FCC attorney about the rationale for the ban.
"The FCC's indecency enforcement regime has been pretty much in limbo for the last half decade as its fleeting profanity and nudity enforcement regime was running a legal gauntlet," notes BROADCASTINGCABLE. "Broadcasters argue the FCC has not given them sufficient guidance on what it will find indecent, including ruling that swearing in a blues documentary was indecent, while finding that similar language in a scripted program -- SAVING PRIVATE RYAN -- was not."