We can place a checkmark in the “Common Sense Prevails” box once again. After years of hearing about all the debauchery and anarchy caused by accidentally aired profanities on television someone has stepped out to question the rules the FCC has put in place. On Monday, the 2nd U.S. Circuit Court of Appeals ruled in favor of a Fox led challenge to the latest FCC policy on indecency. The court has sent the case back to the Federal Communications Commission to have them explain what the hell they’re thinking.
The FCC’s latest policy was put in place after U2 lead singer Bono used the “F-word” during the January 2004 Golden Globes broadcast on NBC. According to the Associated Press in the policy the FCC claims any use of the “F-word,” ”inherently has a sexual connotation.” They charged that the new ban was violated by the 2002 and 2003 Billboard Music Awards broadcasts as well. Fox led the charge against the FCC claiming that the new policy, which replaced a long running lenient one, is unfair and unconstitutional.
The appeals court ruled in Fox’s favor. Judge Rosemary Pooler wrote the majority opinion stating, ”We are sympathetic to the networks’ contention that the FCC’s indecency test is undefined, indiscernible, inconsistent, and consequently unconstitutionally vague.” Before you turn on ‘Hell’s Kitchen’ hoping to hear Gordan Ramsey go on an un-bleeped rampage, this decision doesn’t mean free reign for the networks. The decision challenges the FCC to defend its decision to create a policy so ”divorced from reality.” Fox Broadcasting responded to the ruling by saying parents and guardians can be the filter to keep inappropriate media out the hands of children by using available parental control technologies. FCC Commissioner Michael J. Copps is disappointed with the decision but promises to not relent on enforcing the indecency statute.
