Court Strikes Down FCC's Indecency Policy
A federal appeals court struck down the Federal Communications Commission’s indecency policy Tuesday, saying the agency’s efforts to punish broadcasters for allowing one-time or “fleeting” expletives is “unconstitutionally vague.”
The decision was a major win for Fox Television, a division of News Corp. (NWS), NBC Universal and other broadcasters that have complained the FCC’s no-tolerance indecency enforcement is unfair and violates their First Amendment rights.
A three-judge panel of the U.S. Second Circuit Court of Appeals in New York agreed, saying the FCC’s indecency policies were “unconstitutionally vague, creating a chilling effect that goes far beyond the fleeting expletives at issue here.”