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Edition: U.S. Article Comments (4) Save Email Print Reprints Most Popular Most Shared Fidel Castro to appear on Cuban television and radio 12 Jul 2010 Majority of Americans lack faith in Obama: poll 6:21am EDT Muslims seek to add holidays on NY school calendar 12 Jul 2010 Tired Gay succumbs to Dix in 200 meters 03 Jul 2010 Russia says Iran close to nuclear weapons 12 Jul 2010 U.S. troops face Afghan enemy too young to kill 11 Jul 2010 BP to test new cap to stem oil flow | Video 4:48pm EDT Vanished Iranian scientist turns up in Washington | Video 3:08pm EDT Yankees owner George Steinbrenner dies at 80 4:31pm EDT UPDATE 3-Apple shares slide as iPhone 4 concerns grow 3:04pm EDT Tired Gay succumbs to Dix in 200 meters 03 Jul 2010 Majority of Americans lack faith in Obama: poll 6:21am EDT Muslims seek to add holidays on NY school calendar 12 Jul 2010 Consumer Reports will not recommend Apple iPhone 4 12 Jul 2010 Yankees owner George Steinbrenner dies at 80 4:31pm EDT Fidel Castro to appear on Cuban television and radio 12 Jul 2010 New AIDS policy shoots for better coordination 3:24pm EDT Low vitamin D increases risk of dementia in elderly 12 Jul 2010 Apple shares slide as iPhone 4 concerns grow 3:05pm EDT Higher vitamin E intake tied to lower dementia risk 9:35am EDT Court strikes down FCC indecency policy Digg This Tweet This Share on LinkedIn Share on Facebook Related News United Tech loses appeal over Conn. plant closures Thu, Jul 8 2010 RPT-PREVIEW-Obama administration fights to keep deepwater drill Wed, Jul 7 2010 Analysis: U.S. broadband fix looks beyond reach this year Wed, Jul 7 2010 UPDATE 2-Coventry Health has $278 mln charge, ups EPS view Fri, Jul 2 2010 UK government wins ruling to limit troops' human rights Wed, Jun 30 2010 Related Topics U.S. » Fashion » Entertainment » Television » Media » By Grant McCool NEW YORK | Tue Jul 13, 2010 4:29pm EDT NEW YORK (Reuters) - The U.S. Federal Communications Commission's indecency policy is unconstitutionally vague and could create a chilling effect beyond "fleeting expletives" heard on broadcasts, an appeals court ruled on Tuesday in a major win for broadcasting companies. The ruling, by the U.S. Court of Appeals for the 2nd Circuit in New York, arose from a case involving Bono, frontman of the rock group U2, who used an expletive when he received an award during the live broadcast of the 2003 Golden Globe Awards. News Corp's Fox Television, CBS Corp's CBS Broadcasting and others challenged an FCC ruling that on-air expletives that were not bleeped out were indecent and their use could be penalized. The FCC regulates radio, television, wire, satellite and cable communications. In a statement, chairman Julius Genachowski said: "We're reviewing the court's decision in light of our commitment to protect children, empower parents, and uphold the First Amendment." The U.S. Supreme Court had weighed in on the case in 2009, ruling that the FCC had the authority to regulate profanity on the nation's air waves. The high court declined, however, to decide whether the FCC's policy violated First Amendment guarantees of free speech and returned the case to the Second Circuit for a decision on that aspect of the policy. "We now hold that the FCC's policy violates the First Amendment because it is unconstitutionally vague, creating a chilling effect that goes far beyond the fleeting expletives at issue here," the panel of appeals court judges said in a written ruling on Tuesday. The matter will in all likelihood return to the U.S. Supreme Court, where it will continue to be watched closely, said David Hudson, a scholar at the First Amendment Center at Vanderbilt University in Nashville, Tennessee. "This is a significant First Amendment ruling, one that has ramifications throughout the industry and in First Amendment jurisprudence," Hudson said. The National Association of Broadcasters said broadcasters will continue to offer programing "that is reflective of the diverse communities we serve" and supported the decision. "We believe that responsible decision making by network and local station executives, coupled with program-blocking technologies like the V-chip, is far preferable to government regulation of program content," the NAB said. A Fox spokesman said the broadcaster was extremely pleased with the decision. "While we will continue to strive to eliminate expletives from live broadcasts, the inherent challenges broadcasters face with live television, coupled with the human element required for monitoring, must allow for the unfortunate isolated instances where inappropriate language slips through," Fox said in a statement. The three-judge panel wrote that after complaints were filed with the FCC over Bono's statement at the Golden Globe awards, the FCC declared for the first time that a single, nonliteral use of an expletive could be "actionably indecent." The FCC had found that "the 'F-Word' is one of the most vulgar, graphic and explicit descriptions of sexual activity in the English language" and therefore "inherently has a sexual connotation." An advocacy group, Media Access Project, which joined the lawsuit on behalf of writers, producers, directors and musicians, said the appeals court panel vindicated its argument that the FCC rules "are irredeemably vague and interfere with the creative process." The case is Fox Television v FCC, U.S. Court of Appeals for the 2nd Circuit in New York, No. 06-1760, 06-2750 and 06-5358. (Reporting by Jonathan Stempel, Grant McCool, Paul Thomasch, Diane Bartz, Jeremy Pelofsky; Editing by Robert MacMillan, Steve Orlofsky, Gary Hill) U.S. Fashion Entertainment Television Media Comments See All Comments (4) | Post Comment Jul 13, 2010 2:17pm EDT I don’t care much for Bono himself, but this is an awesome success for the First Amendment. May our courts continue their noble battle against the oppressive and authoritarian US government! Mumbels24 Report As Abusive Jul 13, 2010 2:53pm EDT psst…Mumbles…the courts are 1/3 of the government. drewbie Report As Abusive Jul 13, 2010 3:33pm EDT Not a big Bono fan either, but this was the right ruling. There shouldn’t be over-the-top obscenity in open broadcasts, but the current rules are too vague. This is not a big deal – just write some better, consistent rules that don’t stomp on the 1st Amendment and then the process will have worked as it should. Why this made it all the way to the Supreme Court is unimaginable. Are the FCC a bunch of mindless drones that can’t see when guidelines need to at least be clear and consistent? Doesn’t every parent know this? Jeeeesh. (In their defense, I’m sure there are some valid arguments on both side, but I’m surprised they aren’t being more open about their position on this. Add poor PR skills to the bad parenting comment, I guess. Tamooj Report As Abusive Jul 13, 2010 4:06pm EDT It would be nice if one day the conservatives would allow the marketplace to determine what is appropriate rather than issuing fatwas against words they don’t fancy. anarcurt Report As Abusive See All Comments (4) Add a Comment *We welcome comments that advance the story directly or with relevant tangential information. We try to block comments that use offensive language or appear to be spam and review comments frequently to ensure they meet our standards. 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