Law360, New York (December 18, 2013, 8:31 PM EST) -- The Federal Communication Commission's policy toward indecency and broadcast television remains uncertain these days. What started the year as a proposal to change the current "zero tolerance" policy seems to be ending it by maintaining the status quo. The problem is that the status quo is undefined. Before 2012, broadcasters had pushed the envelope with several highly publicized incidents such as partial nudity on ABC in primetime and Janet Jackson's Super Bowl wardrobe malfunction, all of which culminated in high-profile U.S. Supreme Court decisions determining that the FCC's fines on broadcasters for fleeting expletives had not been adequately explained before being imposed....
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