David Kirkpatrick

July 13, 2010

First Amendment-one, FCC-nil

Good Bill of Rights news out of a US appellate court today.

From the link:

A United States appeals court tossed out the indecency policy of the Federal Communications Commission on Tuesday, calling it a violation of the First Amendment.

An appeals panel said the F.C.C. policy was “unconstitutionally vague, creating a chilling effect that goes far beyond the fleeting expletives at issue here.”

The ruling was immediately characterized as a victory for big broadcasters like ABC, CBS, Fox and NBC, which have been fighting the indecency policy for years.

Tuesday’s ruling vacates a 2004 decision by the Bush administration F.C.C. to step up enforcement of the indecency policy on the broadcast airwaves. Earlier that year, the singer Janet Jackson’s breast was bared during the Super Bowl halftime show on CBS, reigniting a decades-old debate about broadcast standards.

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