On Monday the Federal Communications Commission upheld findings that profanity aired on the Billboard Music Awards broadcasts in 2002 and 2003. Two other similar cases were found not to violate any rules for use of expletives on air. The FCC ruled in March that ‘NYPD Blue,’ ‘The Early Show,’ and the ‘Billboard Music Awards’ aired indecent material on the air.
According to Reuters, he backing down on two of the decisions has ignited the fire under Television networks who argue the rulings violate the constitutional rights to free speech. The first major court battle over free speech between the networks and FCC is heating up with FCC Chairman Kevin Martin releasing the following statement, “Hollywood continues to argue they should be able to say the F-word on television whenever they want. Today, the commission again disagrees.” A spokesman from Fox retorted to the slippery slope statement by saying, ”Today's decision highlights our concern about the government's inability to issue consistent, reasoned decisions in highly sensitive First Amendment cases.”
The FCC reversed its ruling in the CBS case where a cast member of ‘Survivor: Vanuatu’ described a fellow cast mate as a “bullshitter” on ‘The Early Show.’ CBS argued that it was a news interview and should not necessitate action. The FCC didn’t agree because there is no exemption for news broadcasts, but they did relent on pressing the issue further. In the ‘NYPD Blue’ case the FCC found that the complaint to local affiliate KMBC-TV in Kansas City came from a viewer outside the viewing area.
The case against NBC and the use of an expletive by U2 front man Bono on air has been put on hold by the appeals court for now.
