Here we go.



NEW YORK – A federal appeals court on Tuesday tossed out a government policy that can lead to broadcasters being fined for allowing even a single curse word on live television, concluding that the rule was unconstitutionally vague and had a chilling effect on broadcasters.
The 2nd U.S. Circuit Court of Appeals in Manhattan struck down the 2004 Federal Communications Commission policy, which said that profanity referring to sex or excrement is always indecent.
"By prohibiting all `patently offensive' references to sex, sexual organs and excretion without giving adequate guidance as to what `patently offensive' means, the FCC effectively chills speech, because broadcasters have no way of knowing what the FCC will find offensive," the appeals court wrote.
"To place any discussion of these vast topics at the broadcaster's peril has the effect of promoting wide self-censorship of valuable material which should be completely protected under the First Amendment," it added.
The court said the FCC might be able to craft a policy that does not violate the First Amendment.
FCC spokeswoman Jen Howard had no immediate comment.
"The score for today's game is First Amendment one, censorship zero," said Andrew Jay Schwartzman, policy director of Media Access Project, which joined the case on behalf of musicians, producers, writers and directors.
Carter Phillips, a Washington lawyer who argued the case for Fox Television Stations Inc., called the decision satisfying. He said the court had "sent the FCC back to square one to start over" by not only tossing the FCC's fleeting expletive policy but also a broader indecency policy as unconstitutionally vague.
The FCC fleeting expletive policy was put in place after a January 2003 NBC broadcast of the Golden Globes awards show, in which U2 lead singer Bono uttered the phrase "f------ brilliant." The FCC said the F-word in any context "inherently has a sexual connotation" and can lead to enforcement.
Fox Television Stations, owned by Rupert Murdoch's News Corp., and other networks challenged the policy in 2006 after the FCC cited the use of profanity during awards programs that were aired in 2002 and 2003.
The FCC found its ban also was violated by a Dec. 9, 2002, broadcast of the Billboard Music Awards in which singer Cher used the phrase "F--- 'em" and a Dec. 10, 2003, Billboard awards show in which reality show star Nicole Richie said, "Have you ever tried to get cow s--- out of a Prada purse? It's not so f------ simple."
The ruling by the three-judge panel came after the Supreme Court last year upheld the policy on procedural grounds and returned it to the 2nd Circuit for consideration of constitutional arguments. The 2nd Circuit in 2007 had found in a 2-to-1 ruling that the policy was "arbitrary and capricious."
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AP Technology writer Joelle Tessler contributed to this report from Maryland.

 

does that mean the language sensor is turned off here too????

 

Can I start exposing my chest while on DTR or do I have to wait until Super Bowl at half-time.

 

For years radio stations have played loose with the "Standards and Practices" rules. Stuff gets said now that would have had me out the door back in the 70's. There are still limits on what you can say though. It's called "sponsors". Make the sponsors mad and you're off the air really quick. All you need to do is offend their customers and your station manager get the riot act read to him or her.

 

I like Nicole Richie's comment the best!

Imagine that being used as evidence in a courtroom and written up in official documents for the record. Do you think the attorneys could say it to a judge with a straight face?

 

Until now, or since 2003, it's been a lot more than that. It was the FCC looking for a "fleeting expletive" to nail the broadcasters with very heavy fines. It has led to extreme caution by broadcasters in areas where a word might get past the sensors. But programs about history are cut some slack while others that contain the same words are not. Then programs on cable or satelite seem to have no limits.

This debate has been festering ever since, or even before, the "seven dirty words" and George Carlin.

I find it funny and annoying when the government starts trying to control which words can be used and tries to decide what good taste is.

 

I do not find a few curse words offensive most of the time, unless it is really out there. Now, what is being said with apparent immunity is all the hype, misinformation, lying, etc. Most of the borg suck this stuff up with no thought as to it's validity and base their direction (or lack of) on it. The being politically correct, dumbing down and brain washing is much more dangerous than a few curse words.

 

No this place is privately owned and as such it is subject to the owners rules and not Federal or State law in regard to language.

 

Thank God.

 

+1




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Lary,

I hope I'm not pressing the limit by posting a story that uses dashes in place of letters. I thought this story was funny and mean no offense. What's your take on it?

 

Would you like the one word answer or the two word answer? Both end with no.

 

Hmm I suspect the two word answer was ....heck no.

 

Close enough.

 

I understood your motive and I thought it was pretty funny as well. It is borderline due to Forum rules but I intend to leave it unless I get a complaint about it. Besides, I can't censor a real zinger like Nicole Richie's...now can I?