Unconstitutionally Vague: Court Rules Against FCC Indecency Policy

Earlier today, the U.S. Court of Appeals for the 2nd Circuit ruled that the FCC rules on indecency aren’t clear enough and are in violation of the First Amendment. The FCC rules were declared “unconstitutionally vague, creating a chilling effect that goes far beyond the fleeting expletives at issue here.” The court ruling drew heavy basis for the FCC’s inability to keep up with the rapid pace of technology. As it stands, the FCC levies heavy fines on broadcast television as seen in the Janet Jackson wardrobe malfunction. When it comes to online viewing, there are little to no rules regarding content decency.

According to the Washington Post, this is no longer enough.

“The past thirty years has seen an explosion of media sources, and broadcast has become only one voice in the chorus,” the judges said in their opinion.

With often unclear guidelines to follow and fines reaching upwards of $325,000 for a single F-bomb, broadcasters have refrained from showing certain programs instead of incurring the wrath of the FCC.  Earlier this year, the FCC suffered another legal setback when the courts found that the FCC didn’t have the authority to oversee users’ broadband access.

So what does that mean for we the TV-viewing public? Is the late night time slot soon to be plagued with racy language and images? Not really. In a statement, Dennis Wharton, spokesman for the National Association of Broadcasters, declared that  ”It’s legally permissible for stations to air uncut R-rated movies after 10 p.m. — or to have Letterman and Leno dropping F-bombs. But you never see or hear that material from broadcasters because of the relationships and expectations we’ve built with our audiences over decades.”

So while a news anchor might have a slip of the tongue every now and then, don’t expect it to much wilder than what we’ve been watching. If you want that kind of content, take it to the net.

No word yet on whether the FCC will file an appeal, but it’s a safe bet to assume that the battle for content control is far from over. Click here to watch former FCC head Michael Powell lead a debate on the ongoing discussion on the FCC and the web.

About the Author
Sherri is a freelance writer that has a love of all things fun and geeky including gadgets, gaming, anime, and comics. When she isn't writing or out on the town living it up, she loves doing 10-12 hour marathon sessions on her Xbox 360 or one of her older consoles. It's not an addiction, it's a way of life!
See all posts by Sherri L. Smith.