UPDATE: High Court Next Term Will Decide if FCC Indecency Rules Pass 1st Amendment Muster

Image via WikipediaSurf's Up as the U.S. Supreme Court just wrapped up the current term, but the High Court already has announced next term it will hear FCC v. Fox Television Stations, Inc. (Case No. 10-1293), addressing two rulings by the U.S. Circuit Court of Appeals for the Second Circuit that held the Federal Communications Commission's indecency rules governing "fleeting expletives" and "fleeting nudity" violate the First Amendment.

As reported frequently by this blog (see "TUOL" posts 4/22/11, 1/5/11, 8/30/10), the cases center on the FCC 2004 fleeting expletives rule and a 2001 policy involving profanity and nudity on broadcast television during the hours from 6 a.m. to 10 p.m. when it is believed children may be viewing.  The Second Circuit held the FCC rules constitutionally vague and unenforceable, while broadcasters argue they are a relic in an age in which such content is widely available on the Internet and cable tv and chill speech by preventing the airing of valued programming, such as the film "Saving Private Ryan," that is replete with four-letter words.

The Obama Administration believes the Second Circuit rulings prevent the FCC from carrying out its mandated duties of regulating the airwaves by enforcing statutory restrictions on broadcast indecency.  The High Court in a 5-4 ruling has said the FCC indecency rules do not violate the Adminstrative Procedure Act, but will focus on the First Amendment aspect of the rules next Fall.

"TUOL" can't f***** wait for the case to be argued.

UPDATE: FCC Petitions 2nd Cir. for Review of Indecency Standards Ruling

Image via WikipediaThe Federal Communications Commission has petitioned for a rehearing en banc by the U.S. Circuit Court of Appeals for the Second Circuit regarding the appellate court's July decision that the FCC indecency policy was unconstitutionally vague and violative of the First Amendment (See "TUOL" post 7/13/10).

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.