THE SMILE OF THE FOX NUDITY TV
In the Fox case, the court was considering issues involving three TV shows that were combined into two court cases. to 6 a.m., when children are a negligible part of the audience. It has since been narrowed to allow the airing of indecent speech from 10 p.m. Pacifica Foundation decision - which dealt with a broadcast of the famous George Carlin bit “Filthy Words” - found that the government has a legitimate interest in protecting children from foul language.
THE SMILE OF THE FOX NUDITY FOR FREE
The FCC’s ruling was followed by a series of similar slipups by famous stars that prompted the commission to rewrite the rules, eventually deciding that any number of four-letter words and images can garner a fine - even if they are unscripted.īroadcasting is treated differently than other media because TV and radio stations receive their airwaves for free under the condition that they use them in the public interest, convenience and necessity. During the broadcast, Bono said, “This is really, really f-ing brilliant.”įollowing the Golden Globes, the commission in 2004 decided that broadcasters could be fined for airing a “fleeting expletive.” Since the commission changed its rules, it decided not to fine NBC at the time. “In terms of the issue of whether the commission can continue to have an indecency policy at all and whether that indecency policy is constitutional as established, are left for another day.”Īt issue before the court was a series of court findings sparked by the FCC’s decision to change the indecency rules following rock star Bono’s impromptu utterance during his acceptance speech at the 2003 Golden Globe Awards on NBC. The commission sanctions are no more,” said broadcast attorney Jack Goodman. “This is great for the parties, both Fox and ABC they’re done. The ruling means Fox and ABC won’t have to worry about FCC fines and sanctions in their cases - and it also signals that the FCC should go back to the drawing board to tweak its policy.
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“This is a victory for those of us who believe that we must be doing more, not less, to give the FCC and parents all across America the resources they need to protect their children from indecent programming.” Jay Rockefeller (D-W.Va.), chairman of the commerce committee, said in a statement. “The decision leaves in place the FCC’s authority to protect children from indecent programming,” Sen. Lawmakers from both parties cheered the continuation of broadcast regulations. On the Hill, it’s never been politically correct to weigh in to protect the slip of the F-word on an awards show or a bare buttock on a prime-time drama. In a statement, Genachowski said that the commission is reviewing the decision, “which appears to be narrowly limited to procedural issues related to actions taken a number of years ago.” But he also assured lawmakers the following: “Consistent with vital First Amendment principles, the FCC will carry out Congress’s directive to protect young TV viewers.” It also “leaves the courts free to review the current policy or any modified policy,” Kennedy added.įCC commissioners are rolling up their sleeves after the ruling, but Chairman Julius Genachowski was noncommittal about the panel’s next steps.
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The ruling leaves the FCC “free to modify its current indecency policy in light of its determination of the public interest and applicable legal requirements,” Justice Anthony Kennedy wrote. Instead, the court ruled 8-0 that the FCC ran afoul of due process by failing to give the networks fair notice that they had broken the rules, letting them off the hook from paying steep fines. Fox Television Stations, the Supreme Court avoided the central question of whether the FCC’s indecency rules policing passing profanity or fleeting glimpses of nudity on the air violate the First Amendment. Fred Upton (R-Mich.), chairman of the Energy and Commerce Committee, said in a statement in response to the court’s ruling Thursday. “I would remind executives in New York and Hollywood that they should act responsibly when it comes to the entertainment they are sending via the public’s airwaves into family rooms across the country,” Rep.