Tags: US | Broadcast | Indecency

NYC Court Tosses US Fleeting Expletives Policy

Tuesday, 13 Jul 2010 02:08 PM

 

Share:
  Comment  |
   Contact Us  |
  Print  
|  A   A  
  Copy Shortlink

A federal appeals court on Tuesday found that a government policy that can lead to broadcasters being fined for allowing even a single curse word on live television is unconstitutionally vague.

The 2nd U.S. Circuit Court of Appeals in Manhattan tossed out the Federal Communications Commission's policy after finding that it violates the First Amendment.

In 2004, the FCC adopted a policy 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 FCC 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.

© Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Share:
  Comment  |
   Contact Us  |
  Print  
  Copy Shortlink
Around the Web
Join the Newsmax Community
Please review Community Guidelines before posting a comment.
>> Register to share your comments with the community.
>> Login if you are already a member.
blog comments powered by Disqus
 
Email:
Retype Email:
Country
Zip Code:
 
Hot Topics
Follow Newsmax
Like us
on Facebook
Follow us
on Twitter
Add us
on Google Plus
Around the Web
You May Also Like

NCAA Agrees to Settle Head Injury Suit for $70M

Tuesday, 29 Jul 2014 09:56 AM

The NCAA has agreed to settle a class-action head injury lawsuit by providing $70 million for concussion testing and dia . . .

Texas Lt. Gov.: Mexican Government Helping Illegals

Tuesday, 29 Jul 2014 08:14 AM

Mexican officials are abetting the illegal migration of thousands of children into the United States, Texas Lt. Gov. Dav . . .

Lawyers: Fast-Track Deportations Don't Protect Kid's Rights

Tuesday, 29 Jul 2014 07:51 AM

There is push-back from immigration lawyers against the Justice Department's decision to move more swiftly to deport Cen . . .

Most Commented

Newsmax, Moneynews, and Independent. American. are registered trademarks of Newsmax Media, Inc. Newsmax TV, NewsmaxWorld, NewsmaxHealth, are trademarks of Newsmax Media, Inc.

 
NEWSMAX.COM
America's News Page
©  Newsmax Media, Inc.
All Rights Reserved