Based on a Supreme Court ruling yesterday, ABC and Fox will not be required to pay fines for broadcast indecency.
“The justices unanimously threw out fines and other penalties against Fox and ABC television stations that violated the Federal Communications Commission policy regulating curse words and nudity on television airwaves,” reports The Washington Post.
The ruling determined that the networks could not have known in advance that the objectionable material (including obscenities uttered during award shows and brief nudity in an episode of “NYPD Blue”) would lead to fines.
However, the decision did not address the broader issue regarding the FCC’s basic ability to regulate the airwaves or the possible need to revise its indecency policy.
“Broadcasters had argued that the revolution in technology that has brought the Internet, satellite television and cable has made the rules themselves obsolete,” explains the article. “The regulations apply only to broadcast channels.”
“The Supreme Court decided to punt on the opportunity to issue a broad ruling on the constitutionality of the FCC indecency policy. The issue will be raised again as broadcasters will continue to try to grapple with the FCC’s vague and inconsistent enforcement regime,” suggested First Amendment expert Paul Smith in his brief supporting the broadcasters.
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