Federal court wipes FCC’s Bush Era cursing rule

A federal appeals court has 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…

“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 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, 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.

The Right-Wing high priests of the Supreme Court previously upheld the ruling – and policy.

19th Century minds still work very hard at preserving the family values of the 14th Century.

2 thoughts on “Federal court wipes FCC’s Bush Era cursing rule

  1. Rhoda says:

    As long as Antonin “Get Over It!” Scalia to name one resides with the GOBP lovers of the Supremes not much to say albeit I was outside an all night store ran into a friend, curse here curse there and some 24 year old PoPo threatened to arrest me for using obscene language in a personal conversation away from crowds, they’ve not a clue as to what the Constitution nor the First and Fourth say, I chortled handed him a copy of a hip pocket Constitution which he didn’t accept and continued my conversation.
    Off topic but my car skidded into a mud pit and I was stuck, calling a tow truck the driver asked, “Is the front tire blown out”, I replied, “I cannot get out because the “officer” will not stop blocking my door!”. Within a nanosecond he says in a demanding voice, ” Give me your license “, I asked why. He replied, “Because you’re rude”, wtf is going on in this world? I should rephrase the USA, I cannot wait until the husing market moves so I can sell thsi gd house in the burbs of Philly and finally move to Europe.
    Au Revoir… Bye the Bye we should take it back to the 12th century when #43, bush, suspended habeas, the Great Writ dating back to the Magna Carta! Where were the Teabaggers then, whining incorently and lacking every iota of knowledge, “Boo Hoo they are taking my Constitution, albeit they don’t ude these words but complaining about Executive over reach without a clue about Article.II. and it’s implications.

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