In a landmark – and sure to be challenged – decision yesterday, a three-judge panel of the 2nd Circuit Court of Appeal sided with broadcasters and struck down Federal Communications Commission policy on television indecency, claiming that it violated the First Amendment and created “a chilling effect that goes far beyond the fleeting expletives at issue here.”
The case, known as “Fox Television Stations Inc. v. F.C.C.” (although CBS, ABC and other broadcasters also numbered amongst the petitioners), had already been ruled upon by the court, who initially called the FCC’s indecency policy “arbitary and capricious under the Administrative Procedure Act,” a decision then overturned by the Supreme Court. Now, the court claims that the policy violates the First Amendment “because it is unconstitutionally vague” on what, exactly, could be considered indecent or otherwise (For example, “bullshitter” is not indecent when it’s on the Today show, but “bullshit” is indecent on NYPD Blue – even though “dickhead” isn’t).
While Fox has crowed about the result, releasing a statement saying “We have always felt that the government’s position on fleeting expletives was unconstitutional,” FCC chairman Julius Genachowski has said that the commission is already “reviewing the court’s decision in light of our commitment to protect children, empower parents, and uphold the First Amendment.”
We await the rise of a newly-foulmouthed generation as a result of this decision.
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