The case, Fox Television v. FCC (Case Nos. 06-1760, 06-2750, & 06-5358) overturned the "fleeting expletives" FCC rule that subjected broadcasters to penalties for non-bleeped on-air expletives. Fox, CBS Broadcasting and others said the rule chilled 1st Amendment speech. U-2's Bono, Cher, and Nicole Ritchie at various times dropped F-bombs that were broadcast and resulted in fines.
A three-judge Second Circuit panel in July ruled the indecency policy under the Administrative Procedure Act [5 U.S.C. sec. 706(2)(A)] was arbitrary and capricious. The FCC said in its petition that the ruling impedes the agency from enforcing federal statutory restrictions regarding indecent material and is seeking a rehearing of the case or that the full Second Circuit address the matter.
The FCC indecency restrictions cover the broadcast period from 6 a.m. to 10 p.m. when children are most likely to be among viewers.
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