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Thursday, 21 June 2012 - Court rules against FCC in TV profanity, nudity cases |
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See the best of Reuters photography.  See more | Photo caption  Megacities Cities of over 10 million are growing fast.  Slideshow  Highest-paid actresses The ten highest-paid actresses in Hollywood.  Slideshow  Court rules against FCC in TV profanity, nudity cases Tweet Share this Email Print Related News U.S. court rules for Rumsfeld in Iraq torture suit Fri, Jun 15 2012 California gay marriage case looks headed to Supreme Court Tue, Jun 5 2012 Supreme Court rejects Blackwater Iraq shooting appeal Mon, Jun 4 2012 Court says marriage law discriminates against gay couples Thu, May 31 2012 Analysis & Opinion Counterparties: America’s worst long-term trends New SCOTUS brief: Keep international human rights cases in U.S. courts Related Topics U.S. » Entertainment » Fashion » By James Vicini WASHINGTON | Thu Jun 21, 2012 11:33am EDT WASHINGTON (Reuters) - The U.S. Supreme Court on Thursday ruled against the federal government's regulation of broadcast profanity and nudity, saying the Federal Communications Commission had not given fair notice of a change in policy. The unanimous high court ruling, written by Justice Anthony Kennedy, declared that the FCC's standards were vague as applied to the specific broadcasts in the case. It did not decide the larger question of whether the indecency policy violated constitutional free-speech rights. Under the changed policy which dated to 2001 and was amended in 2004, broadcasters can be fined for airing a single profanity blurted out on a live show or for brief nudity. Government lawyers said it covered the "F-word" and the "S-word" that denote "sexual or excretory activities," respectively. The justices threw out a lower-court ruling that struck down the policy on speech grounds and the justices said several options are before the commission, including modifying its policy. The case involved 2002 and 2003 awards shows on News Corp's Fox television network when singer Cher blurted out an expletive and actress Nicole Richie used two expletives. The FCC said the network violated its indecency rules. The case also involved a seven-second shot of a woman's nude buttocks on a 2003 "NYPD Blue" episode on Walt Disney Co's ABC network that led to $1.21 million in fines. The FCC already had launched its indecency crackdown when pop star Janet Jackson briefly exposed her bare breast during a 2004 broadcast of a halftime show for the Super Bowl football game, drawing half a million complaints. Kennedy in the ruling based the decision on the constitutional due process requirement, saying that broadcasters had to be given fair notice of the policy and the restrictions. "A fundamental principle in our legal system is that laws which regulate persons or entities must give fair notice of conduct that is forbidden or required," he wrote in the 18-page opinion. He said there was no need to address the constitutional free-speech issue under the First Amendment. The FCC can impose fines of $325,000 on each station that airs indecent material, including images and words, between 6 a.m. and 10 p.m. Critics like the broadcast industry said the policy had been applied inconsistently, with the FCC allowing the television broadcast of profanity in the World War Two movie "Saving Private Ryan" and of nudity in the movie "Schindler's List." The FCC policy applies only to broadcast television and radio. Neither cable nor satellite channels are subject to FCC content regulation. The Supreme Court ruled in 2009 on narrower grounds that the FCC's indecency policy was a rational and legally permissible use of the FCC's administrative powers, but did not reach the free-speech issue at that time. Justice Sonia Sotomayor did not take part in the latest ruling. She considered the dispute previously as a U.S. appeals court judge in New York. The Supreme Court case is FCC v. Fox Television Stations and FCC v. ABC Inc, No. 10-1293. (Reporting By James Vicini; Editing by Jackie Frank and Vicki Allen) U.S. Entertainment Fashion Related Quotes and News Company Price Related News Tweet this Link this Share this Digg this Email Reprints   We welcome comments that advance the story through relevant opinion, anecdotes, links and data. If you see a comment that you believe is irrelevant or inappropriate, you can flag it to our editors by using the report abuse links. Views expressed in the comments do not represent those of Reuters. For more information on our comment policy, see http://blogs.reuters.com/fulldisclosure/2010/09/27/toward-a-more-thoughtful-conversation-on-stories/ Comments (1) brotherkenny4 wrote:   Edition: U.S. Africa Arabic Argentina Brazil Canada China France Germany India Italy Japan Latin America Mexico Russia Spain United Kingdom Back to top Reuters.com Business Markets World Politics Technology Opinion Money Pictures Videos Site Index Legal Bankruptcy Law California Legal New York Legal Securities Law Support & Contact Support Corrections Connect with Reuters Twitter   Facebook   LinkedIn   RSS   Podcast   Newsletters   Mobile About Privacy Policy Terms of Use AdChoices Copyright Our Flagship financial information platform incorporating Reuters Insider An ultra-low latency infrastructure for electronic trading and data distribution A connected approach to governance, risk and compliance Our next generation legal research platform Our global tax workstation Thomsonreuters.com About Thomson Reuters Investor Relations Careers Contact Us   Thomson Reuters is the world's largest international multimedia news agency, providing investing news, world news, business news, technology news, headline news, small business news, news alerts, personal finance, stock market, and mutual funds information available on Reuters.com, video, mobile, and interactive television platforms. 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