{"id":522,"date":"2007-06-06T15:16:29","date_gmt":"2007-06-06T15:16:29","guid":{"rendered":"http:\/\/afrikaansenuus.co.za\/?p=522"},"modified":"2007-06-06T15:16:29","modified_gmt":"2007-06-06T15:16:29","slug":"us-court-throws-out-fcc-indecency-ruling","status":"publish","type":"post","link":"https:\/\/praag.co.za\/?p=522","title":{"rendered":"US court throws out FCC indecency ruling"},"content":{"rendered":"
The federal appeals court in New York on Monday tossed out a key FCC indecency ruling that said a slip of the tongue gets broadcasters a fine for indecency, telling the commission that it failed to give a good reason for its decision and couldn’t likely find a good reason if it had to.<\/p>\n

"We find the FCC’s new policy sanctioning ‘fleeting expletives’ is arbitrary and capricious under the Administrative Procedures Act for failing to articulate a reasoned basis for its change in policy," the court wrote in a 2-1 opinion.<\/p>\n

Although a majority of the judges found little to like about the commission’s 2006 decision, it sent the order back to Washington, allowing the panel to get another stab at writing the rules.<\/div>\n

[…]<\/p>\n

FCC chairman Kevin Martin took the decision hard, saying it is the judges who are wrong and not the commission.<\/p>\n

"I find it hard to believe that the New York court would tell American families that ‘shit’ and ‘fuck’ are fine to say on broadcast television during the hours when children are most likely to be in the audience," he said in a statement. "The court even says the commission is ‘divorced from reality.’ It is the New York court, not the commission, that is divorced from reality in concluding that the word ‘fuck’ does not invoke a sexual connotation."<\/p>\n

In its original decision, the commission decided that language used by Cher and Nicole Richie during the 2002 and 2003 Billboard Music Awards aired by the Fox Broadcasting Co. were indecent and profane. <\/p>\n

Opponents of the commission’s attempts to regulate speech called the decision a victory.<\/p>\n

"Score one for the First Amendment," Media Access Project president and CEO Andrew Jay Schwartzman said. "It’s a shame that citizens and broadcasters had to seek protection from the courts, but it is very reassuring to know that one branch of the government can rise above demagogy."<\/p>\n

[…]<\/p>\n

During the 2002 show, Cher told the Billboard awards audience, "People have been telling me I’m on the way out every year? So fuck ’em." In 2003, Richie said: "Have you ever tried to get cow shit out of a Prada purse? It’s not so fucking simple."<\/p>\n

Although the commission found that the shows violated the broadcast indecency rules, it didn’t issue a fine because the shows predated a policy established in 2004 after U2 frontman Bono said during an NBC broadcast that winning a Golden Globe was "really, really fucking brilliant."<\/p>\n

In the Bono decision, the FCC changed its definition of "fleeting" use, deciding that a certain word can be so vile that it runs afoul of the nation’s indecency laws. The court’s decision Monday appears to undo the Bono decision, which has been sitting at the commission on review for some time.<\/p>\n

"The (commission’s order) makes passing reference to other reasons that purportedly support its change in policy, none of which we find sufficient," Pooler wrote. "For instance, the commission states that even nonliteral uses of expletives fall within its indecency definition because it is ‘difficult (if not impossible) to distinguish whether a word is being used as an expletive or as a literal description of sexual or excretory functions.’ This defies any common-sense understanding of these words, which as the public well knows are often used in everyday conversation without a ‘sexual or excretory’ meaning. Bono’s exclamation that his victory at the Golden Globes Award was ‘really, really, fucking brilliant’ is a prime example of a nonliteral use of the ‘F-word’ with no sexual connotation."<\/p>\n

NBC Universal called the decision a dose of "common sense" for the commission, which has dithered over a final ruling in the Bono case for years.<\/p>\n

"The court’s ruling discredits the FCC’s 2004 Golden Globes decision — which has been subject to unresolved appeals pending at the agency for more than three years — for its abrupt departure from long-standing policy regarding fleeting expletives in live programming," the network said. "The FCC’s Golden Globes flip-flop, which the court said lacked a reasoned analysis clearly explaining the change in policy, threatened the future of live programming and broadcasters’ ability to report on current events."<\/p>\n

[…] <\/p><\/div>\n

\n<\/div>\n

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The federal appeals court in New York on Monday tossed out a key FCC indecency ruling that said a slip of the tongue gets broadcasters a fine for indecency, telling the commission that it failed to give a good reason for its decision and couldn’t likely find a good reason if it had to. "We … Continue reading “US court throws out FCC indecency ruling”<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[62],"tags":[21098,427],"class_list":["post-522","post","type-post","status-publish","format-standard","hentry","category-c51-international-news","tag-s19-english","tag-international-news"],"_links":{"self":[{"href":"https:\/\/praag.co.za\/index.php?rest_route=\/wp\/v2\/posts\/522","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/praag.co.za\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/praag.co.za\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/praag.co.za\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/praag.co.za\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=522"}],"version-history":[{"count":0,"href":"https:\/\/praag.co.za\/index.php?rest_route=\/wp\/v2\/posts\/522\/revisions"}],"wp:attachment":[{"href":"https:\/\/praag.co.za\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=522"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/praag.co.za\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=522"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/praag.co.za\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=522"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}