Indecency Ruling Against Fox TV Tossed Out

NEW YORK — A federal appeals court vacated a 2006 indecency ruling against the Fox TV network Monday. In a 2-1 decision, the U.S. Court of Appeals for the 2nd Circuit in New York ruled that the FCC went too far in issuing a 2006 indecency decision against Fox for separate incidents in 2002 when singer Cher said, "Fuck 'em," and in 2003 when celebrity Nicole Richie said, "It's not so fucking simple," live on television at the Billboard Music Awards.

In 2004, the Federal Communications Commission ruled that the broadcast use of the word "fuck" almost always violates federal indecency statutes. These incidents occurred before that ruling, so the agency did not call for fines but still ruled that the broadcasts were indecent.

Fox appealed the FCC ruling, arguing that the profanities were fleeting and that the FCC's 2004 rule set a dangerous precedent against free speech.

On Monday the court sided with Fox, vacating the ruling.

"We find that the FCC's new policy regarding 'fleeting expletives' represents a significant departure from positions previously taken by the agency and relied on by the broadcast industry," the decision said, going on to state that the majority opinion found that the FCC failed to "articulate a reasoned basis for this change in policy."

Attorney Jeffrey Douglas, who specializes in 1st Amendment cases, agrees. "The FCC has far more discretion than the 1st Amendment can tolerate," he told XBIZ. "In the last six years, they have been systematically abusing that authority by acting arbitrarily, not following their own rules, not following anything."

"The significance of this ruling is that it avoids the FCC playing games to try and evade judicial review. They specifically chose not to fine Fox and then turned around and argued that because they didn't fine Fox, Fox had no standing to review their findings. That is, essentially a cheap trick, and it's wonderful that the court of appeals saw through that trick."

In a separate case, CBS Corp. is challenging the FCC's indecency ruling against singer Janet Jackson's "wardrobe malfunction" at the 2004 Super Bowl halftime show. That case is pending.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Project 2025 Leader Claims Big Tech Companies 'Deliberately Fuel Pornography Addiction' Among Men

Heritage Foundation president and Project 2025 leader Kevin Roberts published on Wednesday the text of a speech in which he persists with his past claim that “predatory Big Tech corporations” are “deliberately fueling pornography addiction” among young men.

FSC Petitions 10th Circuit for Review of Utah AV Dismissal

Free Speech Coalition (FSC) on Wednesday petitioned the United States Court of Appeals for the 10th Circuit to review a decision handed down earlier this month by a three-judge panel of the same appeals court, which denied FSC the right to challenge Utah’s controversial age verification law by suing state officials.

MyAdultAttorney's Corey D. Silverstein to Hold Post-Election Legal Impact Webinar

Industry attorney Corey D. Silverstein will hold a “Legal Impact” webinar titled “We Have a New U.S. President: Legal and Community Implications” on Nov. 12 at 1 p.m. PST.

Pornhub Shuts Down Access in Oklahoma Over Age Verification

Aylo began geo-blocking Pornhub across Oklahoma on Tuesday, three days in advance of the state’s new age verification law, SB 1959, taking effect.

Florida Age Verification Law Faces Legal Challenge

Tech industry trade groups NetChoice and the Computer & Communications Industry Association (CCIA) filed a lawsuit Monday challenging Florida’s HB 3, which includes a requirement for adult websites to verify the age of site visitors in the state.

Scotland Pushes Partnership With Anti-Porn Activist Who Thinks Sex Workers Are 'Possessed by the Devil'

A leading sex worker advocacy group in the U.K. reports that the Scottish government has instructed local authorities to partner with controversial Christian charity Azalea, led by a religious anti-porn activist who has stated that sex workers are “possessed by demons.”

#HandsOffMyPorn Campaign Ramps Up Anti-Project 2025 Ads on Barstool Sports, Similar Sites

The digital ad campaign #HandsOffMyPorn will up its spend from $200,000 to $500,000, and run all-new pre-roll spots on male-centric websites like Barstool Sports, GQ, Men's Health and Bleacher Report.

'Daily Caller' Column Condemns 'e-Harlots,' Urges 'Nuking' Porn Sites

In a column published Friday, the Tucker Carlson-founded right-wing news site Daily Caller advocates for the censorship of adult content, using extremely derogatory terms to describe adult creators and calling for “nuking” porn sites to achieve a “complete and total shutdown.”

UK Government Report Downplays Online Safety Act's Potential Impact on Porn Sites

The U.K. government released on Wednesday a new report assessing the likely impact of implementing the provisions of the controversial Online Safety Act (OSA), revealing adult industry concerns that a standalone provision directly targeting porn sites will render their operation in the U.K. “not feasible.”

'European Conservative' Editor Urges Total Porn Ban

One of Europe’s leading right-wing publications, the European Conservative, published an editorial this week claiming that “anti-porn activists have essentially won the public argument that pornography is poisoning our society” and calling for a total porn ban.

Show More