Court stays FCC ruling on TV profanity (Reuters)

[Up2Late]

(This doesn't end the issue, but it is a good, small victory.)

Court stays FCC ruling on TV profanity

Thu Sep 7, 2006 03:58 PM ET

By Jeremy Pelofsky

WASHINGTON (Reuters) - A U.S. appeals court on Thursday put on hold a Federal Communications Commission ruling that four television broadcasts of profanity violated decency standards and gave the agency two months to consider rebuttals by the broadcasters.

The U.S. Court of Appeals for the Second Circuit stayed enforcement of the agency's March decision that profanities uttered on ABC's "NYPD Blue," CBS's "The Early Show" and the 2002 and 2003 Billboard music awards shows on Fox were indecent. The FCC did not propose any fines for the incidents.

The shows included variations of "s---" and "f---." The FCC based its decision on a 2004 FCC ruling that the fleeting use of the word "f---ing" by U2 rock singer Bono during the 2003 Golden Globe Awards was indecent.

The four major television networks -- ABC, CBS, Fox and NBC -- and their affiliate associations in April joined forces to ask an appeals court in New York to throw out the FCC's ruling as unconstitutional, arbitrary and capricious.

(more at link) <http://go.reuters.com/newsArticle.jhtml?type=domesticNews&storyID=13422535&src=rss/domesticNews>

[bperci108]

1. I'm not surprised...

...this is but one way to make the broadcast networks heel to their masters in DC.

Now that the fines are huge, they are a perfect weapon to hold above their heads.

A bureaucratic "Sword of Damocles". :spank:

[MaineDem]

2. It's a start. n/t

[blogslut]

3. Here's a kick

for this story. :)

[951-Riverside]

4. Why do you think its a victory Up2Late?

[Up2Late]

5. Because it "...gave the agency two months to consider rebuttals..."

It "...gave the agency two months to consider rebuttals by the broadcasters..."

That's better that what they had been doing, it's sort of a rap across the knuckles, by the courts, to tell the WH appointed ReThugs that they can't just hand out fines in an illogical manner, which is practically Government censorship.

They did an excellent, all points of view, show yesterday on the NPR/WHYY radio show "Fresh Air" about this, here's the link: <http://www.npr.org/templates/rundowns/rundown.php?prgId=13&agg=0&prgDate=09-07-2006&view=storyview>

What's sort of odd about one of the guest interviews (of FCC Commissioner Jonathan Adelstein) when Terry seems to go after him, seemingly forgetting that he's the Democrat on the board (he was senior legislative aide to Sen. Tom Daschle) who has sat in opposition to most everything that has happened, at the FCC, since 2002.

<http://www.npr.org/templates/story/story.php?storyId=5781902>

[madmusic]

6. Fox? So did O'Reilly sue Fox over this?

Just wondering.